KOVUR PARVATHAMMA Vs. KOVUR SUBBAMMA

JUDGEMENT

(1.) I must hold that it has been clearly proved that when the arbitrator was chosen, the plaintiff was aware: that he had such an interest as would ordinarily disqualify him from acting as such. I take it also as established beyond doubts that her pleader acted in her best interests and perfectly bona fide. The question is, can the reference in these circumstances-be revoked? There are two principles well settled: 1. An arbitrator, who has an interest dependent upon his decision, will be disqualified if that fact has not been disclosed at the time of his appointment.

(2.) If the parties with full knowledge of the facts, select an arbitrator who has to perform other duties which will not permit of his being an impartial person in the ordinary sense of the words, the Court will not release them from the bargain upon which they have agreed. 2. Russel on Arbitration, 12 Edn., pages 40 and 41.

(3.) The reason for the second rule is thus stated by Bowen, L.J., in Jackson V/s. Barry Railway Co. (1893) 1 Ch. 238: They (the parties) knew well that he possibly or probably must be committed to a prior view of his own and that he might not be impartial in the ordinary sense of the word It is no part of our duty to approach such curiously coloured contracts with a desire to upset them... To do so would be to attempt to dictate to the commercial world the conditions under which it should carry on its business.