Law and justice explained
Can a former employee or adviser of a party act as arbitrator?
The nature, recency and extent of prior employment or advisory links matter. Some relationships raise Fifth/Seventh Schedule concerns; not all historical contacts have identical legal consequences.
Written by
Advocate Amardeep Jaiswal
Advocate, High Court of Madhya Pradesh, Jabalpur
Key points
- Can a former employee or adviser of a party act as arbitrator?
- Direct answer The nature, recency and extent of prior employment or advisory links matter.
- Some relationships raise Fifth/Seventh Schedule concerns; not all historical contacts have identical legal consequences.
Detailed analysis
Understanding law and procedure
Can a former employee or adviser of a party act as arbitrator?
Direct answer
The nature, recency and extent of prior employment or advisory links matter. Some relationships raise Fifth/Seventh Schedule concerns; not all historical contacts have identical legal consequences.
Legal position and important distinctions
Section 12 disclosures reveal relevant relationships at the outset.
Current employment, consulting, financial interest and remote past contact may differ.
How the situation works in practice
- Section 12(5) waiver has specific statutory conditions.
- Check the actual employment dates, contracts and declaration.
Practical next steps
- Obtain employment or payment records.
- Ask written questions about incomplete disclosures.
- Challenge in time under the correct category.
Avoid this common mistake
Do not infer the outcome solely from recognising an employer's name.
Official legal source and disclaimer
India Code — Arbitration and Conciliation Act, 1996
General legal information only. The result depends on the agreement, applicable amendments, dates, jurisdiction and record. This is not individual legal advice or a promise of success; verify the current law and binding decisions before publication or action.
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About the author
Advocate Amardeep Jaiswal
Advocate, High Court of Madhya Pradesh, Jabalpur।
Publishes informational articles on Indian law, judicial decisions and practical legal issues.
Editorial note: Analysis and commentary reflect the author’s understanding and opinion. Law, facts and judicial developments may change; check primary sources and your own circumstances before acting.