Misconduct of Arbitrator

If the Arbitrator decides the matter, which are excluded by the agreement, he commits a misconduct. It comprises a legal misconduct, which is completed if the Arbitrator on the face of the award arrives at an inconsistent conclusion even on his own finding or arrives at a decision by ignoring very material documents which throw abundant light on the controversy to help a just and fair decision. It is in this sense that the Arbitrator could misconduct the proceedings in a case. Further, an award could be set aside if it is improperly procured or is otherwise invalid. Misconduct means a legal misconduct in the judicial sense arising from some honest, erroneous, breach and neglect of duty and responsibility on the part of Arbitrator causing miscarriage of justice. U.P. State Sugar Corporation Ltd. v. M/s Lal and Kumar, 2014 (4) ESC 2168.

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