Revocation of arbitrator’s authority means to restrict a person appointed as an arbitrator from initiating arbitral proceedings. It is also termed as revocation of an arbitration agreement. Because of this, right of the arbitrator to arbitrate gets discharged. The parties and the court in the following circumstances may revoke the authority of an arbitrator.
(a) Revocation by the mutual agreement of the parties:
If both parties so like, they may instead of referring disputes to the said arbitrator, settle such dispute by mutual compromise. In this situation, the arbitrator’s authority is supposed to be revoked. Furthermore, if the both parties like, even after submission of disputes to the arbitration, they may, by their mutual agreement, and in this way too, the arbitrator’s authority may be revoked. It should, however, be noted that they cannot revoke his authority after award being issued by him.
(b) Revocation by permission of the court:
The parties to the arbitration agreement may be revoking the arbitrator’s authority also by the permission of the court. But, only on some specific circumstances, the court allows them to revoke the arbitrator’s authority.
According to see 11 (2) of the Act the parties may apply to the arbitrator within 15 days from the date of irregular. The court may give permission to the parties to revoke or remove an arbitrator’s on the following circumstances:-
- Appointment of the arbitrator without free consent of the party.
- If the arbitrator acts partially in a biased manner.
- If the arbitrator acts against the natural law of justice or judicial principles or the existing law.
- When an unreasonable absence in the meetings.
- If an arbitrator continuously commits irregularity and mistakes.
- If an arbitrator is not qualified or loss his qualifications.
