Challenging Arbitrator's Mandate Vis-à-vis Entry 22 Of Schedule 5, Arbitration Act, 2015

Introduction

A much-needed shift was brought about by the Arbitration and Conciliation Act (Amendment) Act, 2015 ("Amendment Act"), which aimed to bring in a new age of prompt and efficient arbitration together with a renewed emphasis on the impartiality and independence of arbitrators.

The 246th Law Commission Report aimed to enhance arbitration as a viable alternative to court disputes, stressing the importance of arbitrators' independence and impartiality. It proposed adopting the Red and Orange Lists from the International Bar Association's Guidelines on Conflicts of Interest in International Arbitration to assess arbitrators' eligibility. These lists were integrated into the Fifth Schedule of the amended Arbitration & Conciliation Act. Per Section 26 of the Amendment Act, they were set to be effective from October 23, 2015, onwards. This Amendment was introduced in lieu of elucidating the principle of 'Arbitrator's Impartiality & Independence' enshrined