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xxx xxxx xxxx 7 In my view, this apprehension of the petitioner, at this stage, has no merit. The petitioner agreed to resolution of disputes through arbitration by an Arbitrator appointed by the respondent, and also agreed that the Arbitrator may be a working/ retired employee of the respondent. The agreement provides that the Arbitrator not be connected with the work in question. It is not the petitioner's case that any or all the three names suggested by the respondent were, in any way, connected with the work assigned to the petitioner under the contract. In any event, it shall be open to the petitioner to raise its pleas in arbitration under Sections 12 and 13 before the Arbitral Tribunal.

6. We have here below reproduced the section 12 (5) of Arbitration and Conciliation Act 1996, "Section 12(5): Notwithstanding any prior agreement to the contrary, any person whose relationship, With the parties or counsel or the subject-matter of dispute, falls under any of the categories specified in the Seventh Schedule shall be ineligible to be appointed as an arbitrator.

PROVIDED that the parties may, subsequent to disputes having arisen between them waive the applicability of this sub-section by an express agreement in writing."