contained in Sections 12 to 14 of
the Act. These Sections read as under:-
“Sec. 12 Grounds for challenge.-
(1) When a person is approached ... validity of any ground referred to
in this section or sub-section (3) of section 12 .”
12. Under Section 12 , it is clear that when
amended provisions of Section 12 of the Act. Subsection (1) and
Sub-section (5) of Section 12 as well as Seventh Schedule to the
Act ... neutrality of
arbitrators. In order to achieve this, Sub-section (5) of Section 12
lays down that notwithstanding any prior agreement to the
contrary
under Section 12 of the Act of 1984. Had the
Court invoked Section 12 of the Family Courts Act,
1984 it would have clearly spelt ... persuading
parties to arrive at a settlement”.
The relevant Sections being Sections 6 , 9 and 12 of the Act are as
under:-
“6. Counsellors, officers
purpose of section 43 of the
Act. Sub-section (1) of section 43 provides that
the Limitation Act 1963 shall apply to arbitrations ... validity of any ground referred to in this section or
sub-section (3) of section 12 .
15. Termination of mandate and substitution or
arbitrator
contained in Sections 12 to 14 of
the Act. These Sections read as under:-
“Sec. 12 Grounds for challenge.-
(1) When a person is approached ... validity of any ground referred to
in this section or sub-section (3) of section 12 .”
12. Under Section 12 , it is clear that when
Act, which was
inserted via amendment Act, 2015 and sought for appointment of an
Arbitrator by this Court, as prayed for.
6. Admittedly, Section 12 ... contrasted with Section 4 of the Act.
Section 4 deals with cases of deemed waiver by conduct;
whereas the proviso to Section 12(5) deals
12(1) of the Arbitration and
Conciliation Act. The provision which referred above i.e. Sec.12(5)
of the Arbitration and Conciliation Act ... interpretation of
Sec.12(5) of the Arbitration and Conciliation Act, 1996, as
Sec.12(5) is a new provision which relates
Section 12(5) of the
Act and the 7th Schedule are reproduced hereunder:
Arbitration and Conciliation Act, 1996
Sections 12(5) : Grounds of Challenge
Notwithstanding ... with the amended Section 12 of
the Act, post 2015 Amendment, Hon'ble Supreme Court ruled:
"12.Sub-Section (5) of Section 12
with the amended Section
12 of the Act, post 2015 Amendment, Hon'ble Supreme Court ruled:
"12.Sub-Section (5) of Section 12 ... read with 7th Schedule
to the Act and therefore the disqualification under Sub- Section 5 of Section
12 read with 7th Schedule to the Act
12(5) of the Act and the 7 th Schedule are reproduced
hereunder:
Arbitration and Conciliation Act, 1996
Sections 12(5) : Grounds of Challenge
Notwithstanding ... with the amended Section
12 of the Act, post 2015 Amendment, Hon'ble Supreme Court ruled:
"12.Sub-Section (5) of Section 12
