Former Chief Justice of India, SP Bharucha,who was the
nominee of Reliance Industries Ltd. (RIL) as arbitrator, has recused himself
from the company's arbitration with the Union Gvernment over the Krishna-Godavari
Basin D6 gas fields dispute, following the challenge to his nomination by the Union
Government which had claimed that Bharucha had not disclosed all his previous
association with RIL and that his arbitration could create doubts about his
independence and impartiality. Justice Bharucha's resignation came after the
Supreme Court issued a notice to RIL, on Friday morning.
(Former Chief Justice of India, S.P. Bharucha) |
The appeal filed by the Union
Government said that Bharucha had claimed in a letter in April 2014 that
"If I had any reason to doubt my ability to decide the issues involved in
the arbitration, I would not have accepted the nomination as arbitrator." The
Union Government however disputed that claim. "Contrary to the stand taken
by Justice Bharucha the lawyers of Reliance informed in June 2014 that Justice
Bharucha has given opinions to RIL between 2009-2012 and disclosed the fees
paid to him," the Union Government said.
The
Union Government has nominated another former Chief Justice of India, V.N Khare
as its choice of arbitrator. The Supreme Court of India had in April appointed
Michael Kirby, a former judge of the High Court of Australia and eminent jurist
as Chairman of the three-member arbitration panel, as the third
"neutral" arbitrator.
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