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Bombay HC  – Disclosure Obligations of Arbitrator under 1996 Act do not apply to 1940-Act Arbitrations.

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On 21.2.1987, the Respondent Corporation was given contract for construction of new Mandovi Bridge on NH107.

On 14.10.1990, span no.11 of the bridge had collapsed when the bridge was under construction.

On 23.7.1992, the bridge was opened for the public.

On 8.8.1997, the unanimous Award was passed by three-member Arbitral Tribunal under the provisions of the Arbitration Act, 1940.

Insofar as the allegation brought against Shri Shitala Sharan, questioning his neutrality by alleging that he was earlier serving as the Managing Director of the Company and also rendered service as a consultant, he had deposed before the Commission of Enquiry on behalf of the claimant-contractor/Respondent and was also instrumental in designing the Mandovi Bridge, it is to be borne in mind it is not in dispute that all these facts were well within the knowledge of the Appellant at the time when Shri Shitala Sharan was nominated as an Arbitrator. Not only that, when the nomination of Shri Shitala Sharan as an Arbitrator was intimated to the employer, no objection was raised by the Appellant-State on such count. The question of making a disclosure by the Arbitrator would arise only when certain facts are not within the knowledge of the other party. Duty of disclosure, however, will not extend to disclose those facts which are already within the knowledge of the other side. The fact that all the above circumstances were within the knowledge of the Appellant herein is not specifically denied by the Appellant at any stage.

Bombay HC  – Disclosure Obligations of Arbitrator under 1996 Act do not apply to 1940-Act Arbitrations.

Bombay HC – Allegations of Bias against one of the Arbitrators nominated by the contractor are unfounded and barred by delay.

Bombay HC – Disclosure Norms of 1996 Arbitration Act Inapplicable to Arbitration of 1940 Act – Confirms Arbitral Award in Goa Mandovi Bridge Dispute

Judgment dated 27.2.2026 of the High Court of Bombay at Goa in Appeal under Arbitration Act No.6 of 2022 of the State of Goa  Vs.  M/s. U.P. State Bridge Corporation Ltd

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