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02 June 2021 | R Venkataramaiah v. Southern Railway | N Sathish Kumar J | 2021 SCC OnLine Mad 2036
An arbitral tribunal was reconstituted after it had conducted 17 sittings. One member was replaced. The reconstituted tribunal met just once in the 18th sitting and passed an award that same day.
Setting the award aside, the court held, following precedent, that the principle of collegiality was violated because the new tribunal did not deliberate. “An award made by a majority of arbitrators … without consulting the others is not a valid award, even when the reference authorises … a majority award.”
The court also found that the parties were not allowed to make submissions, either oral or written, and the tribunal also ignored vital documents and evidence.