Prior Engagement with Law Firm Does Not Disqualify Advocate from Acting As An Arbitrator : Calcutta High Court

The Calcutta High Court ruled that an advocate’s previous professional engagement with a law firm does not automatically disqualify them from acting as an arbitrator, unless there is a direct personal or professional relationship with the parties to the dispute.

Justice Shampa Sarkar clarified that Section 12(5) and Schedule VII of the Arbitration and Conciliation Act, 1996, aim to prevent conflicts of interest, not to bar advocates for mere past associations.

The bench dismissed an application challenging the arbitrator’s appointment, noting that a broad interpretation would bar most advocates from arbitrator roles, contrary to legislative intent.