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According to the lesson, an **arbitrator**, though not statutorily defined in the Act, must possess which essential quality?
A{'text': 'Bias in favour of the party that has appointed him to the arbitral tribunal under any provision of any law in force in any State of India regardless of any other consideration of any kind', 'label': 'A'}
B{'text': 'A degree in law from any Indian university of any kind under any provision of any law in force in any State of India regardless of the consent of the parties to the arbitration agreement or the dispute', 'label': 'B'}
C{'text': 'Indian nationality and residence in India under any provision of any law in force in any State of India regardless of the consent of the parties to the arbitration agreement or the dispute', 'label': 'C'}
D{'text': 'Absolute disinterestedness and impartiality; any concealed interest is a disqualification', 'label': 'D'}
Answer & Solution
Correct answer: D. {'text': 'Absolute disinterestedness and impartiality; any concealed interest is a disqualification', 'label': 'D'}
1. Lesson 13 explains: "The arbitrator must be **absolutely disinterested and impartial**."
2. Any interest of the arbitrator either in one of the parties or in the subject-matter of reference unknown to either of the parties or all the parties is a disqualification.
3. Disqualification applies only in the case of a **concealed interest** — every disclosure should be made.
4. Indian nationality is not required (Section 11(1) makes this explicit).
_Source: ICSI CS Executive Paper 1 — Jurisprudence, Interpretation & General Laws, Lesson 13 (Arbitration and Conciliation Act, 1996), pp. 297-303._
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