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In order to uphold the credibility and integrity of the arbitration proceedings, former revenue and power secretary EAS Sarma has asked former chief justice of India SP Bharucha to recuse himself from the RIL-Oil ministry arbitration over the pricing of gas from the KG -D6 fields, citing conflict of interest in the matter.

RIL and its partners had named Bharucha as their arbitrator for that case while the government appointed ex-chief justice VN Khare. In April, the Supreme Court appointed Australia's retired justice Michael Hudson McHugh as the presiding arbitrator.

Sarma in a communication to Bharucha has asked him to disclose his financial and other dealings with RIL as required under Section 12 of the Arbitration and Conciliation Act, 1996.

The letter alleged that Bharuch has been appointed as an arbitrator by RIL or its associated companies in a number of cases, for which he has received a significant remuneration. “I am told that in some of these cases you had held in favour of RIL. I am also informed that you do substantial professional legal work for RIL in the form of opinions for which you are compensated. This raises justifiable doubts in my mind regarding your ability to be impartial and independent,” he stated in his letter.

There is huge concern in the country about the role played by RIL in breaching the PSC and in not producing gas as per the terms of contract, he added.

Source-On Request