Independence, Impartiality and Disclosure: current Indian law, practical example, evidence checklist, risks and Finin2min summary.
Disclosure, waiver and ineligibility are distinct concepts and must be handled at appointment.
Arbitration Act s.12 and Fifth/Seventh Schedules
The legal conclusion must be read with the current rules, notifications, portal instructions and binding judgments applicable to the event date.
Identify the person, activity, location, transaction date, threshold and regulator before applying the rule.
Separate mandatory legal conditions from portal fields, industry practice and contractual preference.
Link each conclusion to contemporaneous documents, approvals, filings and accounting records.
Record disclosures and objections immediately.
A proposed arbitrator has a past professional relationship with one party.
Decision point: Reperform the analysis if a material fact, date, location or legal status changes.
Silence after knowing a conflict can affect later challenges, subject to the statutory rule.
Additional risks include stale source use, incomplete authority, inconsistent portal data, weak contemporaneous evidence and failure to consider linked tax, accounting, contract or sector rules.
| Stage | Control | Output |
|---|---|---|
| Facts | Freeze transaction, party, date and location | Fact sheet |
| Law | Read Act, Rules and later instruments | Legal map |
| Evidence | Reconcile filings, books and documents | Evidence index |
| Decision | Approve, remediate, disclose or escalate | Signed action note |
Disclosure, waiver and ineligibility are distinct concepts and must be handled at appointment.
Arbitration Act s.12 and Fifth/Seventh Schedules
executed contract and arbitration clause, notices invoking dispute resolution, tribunal constitution and disclosures.
Record disclosures and objections immediately.
Supreme Court of India
Source reviewed 4 July 2026
Law, portal and source review: 4 July 2026. Case law and transaction-specific conditions should be checked immediately before professional reliance.