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    <title>2019 (7) TMI 1234 - Supreme Court</title>
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    <description>Prior conduct showing acceptance of an arbitration arrangement can defeat a later challenge that no consensus ad idem existed on the arbitration clause, especially where the party had earlier sought appointment of an independent arbitrator. An arbitrator&#039;s prior appearance as counsel for one party in another matter may create justifiable doubts about independence or impartiality, and Section 12 of the Arbitration and Conciliation Act, 1996 requires disclosure of such circumstances. Where objections were raised and the arbitrator nevertheless continued, the award was liable to be set aside. The result was restoration of the order invalidating the award.</description>
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      <description>Prior conduct showing acceptance of an arbitration arrangement can defeat a later challenge that no consensus ad idem existed on the arbitration clause, especially where the party had earlier sought appointment of an independent arbitrator. An arbitrator&#039;s prior appearance as counsel for one party in another matter may create justifiable doubts about independence or impartiality, and Section 12 of the Arbitration and Conciliation Act, 1996 requires disclosure of such circumstances. Where objections were raised and the arbitrator nevertheless continued, the award was liable to be set aside. The result was restoration of the order invalidating the award.</description>
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