Mozambican and Indian companies move Delhi HC alleging ICC arbitrator did not disclose conflict of interest

Justice Sachin Datta heard the problem right now and issued notices to MDB and stated that the matter can be heard in October.  

Senior Advocate Abhimanyu Mahajan, representing TCL, argued that the case mirrored an institutional failure by the ICC. 

Senior Advocate Amit Sibal appeared for BGR and highlighted the alleged bias on a part of the president. He stated that their submission was rejected by the arbitral tribunal with out engagement. 

“We cited Mozambican legislation and in a single phrase the tribunal rejected it,” Sibal said. 

In the meantime, Senior Advocate Rajshekhar Rao appeared for MDB. He argued that the ICC has rejected the petitioners’ problem to the appointment of the presiding arbitrator although a proper communication is but to be issued. 

Rao added that in view of the allegations made in opposition to the President, Justice L Nageswar Rao has additionally recused. 

He opposed passing of any interim order within the case. 

After listening to the legal professionals, Justice Datta stated that since Justice Rao has recused from the proceedings, the tribunal is successfully not functioning. Due to this fact, no interim orders are required at this stage, the Courtroom stated. 

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