Arbitration & Conciliation Act, 1996–Sec. 34–Arbitral award–Set aside on the grounds that the Tribunal did not consider the counter-claim and one of the Arbitrators did to disclose his affiliation with the sister-concern of claimant-company–Justification–Tribunal considered the claim set up by the respondent which is based on the Chartered Engineer’s assessment–Further, though there is non-disclosure of information as was required u/s. 12 of Act, such a non-disclosure is not a material fact or circumstance which would invalidate the appointment of R as an arbitrator–Amount awarded is admitted amount withheld by the respondent–Further, there is a unanimous decision of the Tribunal and award passed by it reflects well-considered award–The majority view of the Tribunal is taken into consideration even if the view of Arbitrator R is discarded, still the award holds good–Impugned order passed by Commercial Court is liable to be set aside.
