The Fifth Schedule
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THE FIFTH SCHEDULE
[See section 12(1) (b)]
The following grounds give rise to justifiable doubts as to the independence or impartiality of
arbitrators:
Arbitrator’s relationship with the parties or counsel
1. The arbitrator is an employee, consultant, advisor or has any other past or present business
relationship with a party.
2. The arbitrator currently represents or advises one of the parties or an affiliate of one of the parties.
3. The arbitrator currently represents the lawyer or law firm acting as counsel for one of the parties.
4. The arbitrator is a lawyer in the same law firm which is representing one of the parties.
5. The arbitrator is a manager, director or part of the management, or has a similar controlling
influence, in an affiliate of one of the parties if the affiliate is directly involved in the matters in dispute in
the arbitration.
6. The arbitrator’s law firm had a previous but terminated involvement in the case without the
arbitrator being involved himself or herself.
7. The arbitrator’s law firm currently has a significant commercial relationship with one of the parties
or an affiliate of one of the parties.
8. The arbitrator regularly advises the appointing party or an affiliate of the appointing party even
though neither the arbitrator nor his or her firm derives a significant financial income therefrom.
9. The arbitrator has a close family relationship with one of the parties and in the case of companies
with the persons in the management and controlling the company.
10. A close family member of the arbitrator has a significant financial interest in one of the parties or
an affiliate of one of the parties.
11. The arbitrator is a legal representative of an entity that is a party in the arbitration.
12. The arbitrator is a manager, director or part of the management, or has a similar controlling
influence in one of the parties.
13. The arbitrator has a significant financial interest in one of the parties or the outcome of the case.
14. The arbitrator regularly advises the appointing party or an affiliate of the appointing party, and the
arbitrator or his or her firm derives a significant financial income therefrom.
Relationship of the arbitrator to the dispute
15. The arbitrator has given legal advice or provided an expert opinion on the dispute to a party or an
affiliate of one of the parties.
16. The arbitrator has previous involvement in the case.
Arbitrator’s direct or indirect interest in the dispute
17. The arbitrator holds shares, either directly or indirectly, in one of the parties or an affiliate of one
of the parties that is privately held.
18. A close family member of the arbitrator has a significant financial interest in the outcome of the
dispute.
19. The arbitrator or a close family member of the arbitrator has a close relationship with a third party
who may be liable to recourse on the part of the unsuccessful party in the dispute.
IndiaCode
The Arbitration and Conciliation Act, 1996 The document (PDF) On India Code
The other schedules to this Act
The First Schedule The Second Schedule The Third Schedule The Fourth Schedule The Sixth Schedule The Seventh Schedule The Eighth Schedule
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