Friday, 5 December 2014

Former CJI S.P. Bharucha resigns from the 3-member arbitration panel in the Krishna-Godavari Basin D6 gas fields dispute following Centre's objection


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.

No comments:

Post a Comment