A Single Bench of the Delhi High Court in the case of, Microsoft Corporation v. ZOAI Founder, [O.M.P. (Comm) No. 188 of 2019], decided on July 3, 2023, inter- alia held that (i) the apprehension of bias has to be tested on the yardstick of reasonableness, as seen from the perspective of the affected party and (ii) it is not open for the arbitrator to conduct independent research to supply evidence which the party has not cared to place before it.
Facts in Brief:-
The Petitioner challenged the award under section 34(2) of the Arbitration and Conciliation Act, 1996 (“The Arbitration Act”) inter alia on following grounds:
Observations by the Court:-
While allowing the petition on both the aforesaid grounds, the Court made important observations which are as under:-
On the ground of bias:
On the ground of the Arbitrator’s reliance on his own research:
Please find attached a copy of the judgment.
This update has been contributed by Ranjit Shetty (Senior Partner) and Tejas Gokhale (Senior Associate).
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