The question (6 marks)
Meher and Faizal appoint Devika as sole arbitrator. After two hearings Meher learns that Devika practises in the same chambers as the advocate appearing for Faizal, a fact Devika did not disclose. (a) Could Devika act as arbitrator? (b) What is the correct course open to Meher, and what may she do if it fails? (6 marks)
MU Module II, disclosure and challenge; pack ch. 02, ss. 12, 13, 34; quick reference 4, Fifth and Seventh Schedules.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · The Arbitration and Conciliation Act, 1996: Domestic Arbitration of Alternate Dispute Resolution.
Authorities you will need
- Arbitration and Conciliation Act
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.