Arbitrator removed on the ground of bias, irregular conduct of proceeding and breach of natural justice.

The claimant contents that the arbitrator should be removed from the arbitral proceedings on the ground that he is biased; there has been an irregularity in the conduct of arbitral proceedings and a breach of natural justice. To establish the above contention, the claimant herein relies on the following propositions:Breach of natural justice Violation of Art. 17(1) - Subject to the Rules, the arbitral tribunal may conduct the arbitration in such manner as it considers appropriate, provided that the parties are treated with equality and that at an appropriate stage of the proceedings each party is given a reasonable opportunity of presenting its case. In the present case, it is evident from the facts that Mr. Grump and Dr. Singh issued directions without providing any opportunity to Mr. Silva in presenting his case. He made his consent through telephonic conversations only for the meeting and not for the hearing that was held in London. Further, Mr. Silva has not agreed to the seat of arbitration to be London nor has he been consulted in fixing the same. He merely agreed to the place of hearing to be London. There is substantial difference between the place of arbitration and the seat of arbitration. The place of arbitration (also commonly referred to as the 'seat of arbitration') determines the governing procedural law of the arbitration and the enforceability of the award. The place of hearing, on the other hand, is the physical location where the hearing is held. Article 43 - The arbitral tribunal, on its establishment, may request the parties to deposit an equal amount as an advance for the costs. The costs include the fees and expense (Art. 40(2)). In the case tribunal formed has directed that unless the claimants paid their shares of deposit for tribunals fee their case would be heard. Such an act of the tribunal, proves that there has been irregularity in procedure. Further this also establishes that the arbitrator is biased and partial. The concept of natural justice is often distilled into two broad rules: the rule that the adjudicator must be disinterested and unbiased; and the rule that the parties must be given adequate notice and opportunity to be heard.