Former CJI SP Bharucha quits as RIL arbitrator

Former Chief Justice of India (CJI) SP Bharucha, who was nominated by Reliance Industries Limited (RIL) as arbitrator in the Krishna-Godavari Basin D6 gas fields dispute with the government, has recused himself.

The government had challenged Bharucha's nomination claiming that he had not disclosed all previous associations with RIL and his arbitration could create doubts about his independence and impartiality.

Bharucha's resignation came after the Supreme Court (SC) issued a notice to RIL on Friday morning.

The government has nominated another former CJI VN Khare in Bharucha's place.

The apex court in April appointed Michael Kirby, a former Judge of an Australian High Court, as chairman of the three-member arbitration panel as the third 'neutral' arbitrator.

The need for a third member rose after another arbitrator, also a former Australian Judge Michael Hudson McHugh had recused himself. In its appeal to the SC, the government mentioned Bharucha had informed in a letter in April 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".

But he had declined to respond to queries raised by lawyers.

Bharucha was once again asked to make a disclosure under the Arbitration Act and IBA guidelines on conflict of interest in international arbitration.

Bharucha said in May that "he has nothing to add to his earlier response except that he holds shares of Reliance Industries or any associated company".

The government contested saying, "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 government said.

In association with Mail Today