2014(4)SCALE390, 2014(2)ARBLR48(SC)

At this stage, normally the matter ought to be remitted back to the two arbitrators appointed by 67Page 68 the parties to choose the third arbitrator on the basis of the observations made in the judgment. However, given the sharp difference of opinion between the two arbitrators, I deem it appropriate to perform the task of appointing the third arbitrator in this Court itself. Therefore, I had requested the learned senior counsel for the parties to supply a list of eminent individuals one of whom could be appointed as the third arbitrator. Although two lists have been duly supplied by the learned counsel for the parties, I am of the opinion, in the peculiar facts and circumstances of this case, it would be appropriate if an individual not named by any of the parties is appointed as the third arbitrator. I have discretely conducted a survey to find a suitable third arbitrator who is not a National of any of the parties involved in the dispute. Upon due consideration, I hereby appoint Honourable James Spigelman AC QC, former Chief Justice and Lieutenant Governor of New South Wales, Australia as the third Arbitrator who shall act as the Chairman of the Arbitral Tribunal.

Arbitration and Concilation Act, 1996