proviso to Section 26 of the
Arbitration Act, which is not there in second part of Section
26 of the Arbitration Act and which reads ... amend the grounds in Section
12 application. On 15.11.2014, the application filed under
Section 12 of the Arbitration Act was dismissed and the
matter
Sections 11(6) read with Section
14(2) and 15(2) of the Arbitration and Conciliation Act,1996 (for short
'the Arbitration Act ... application of Section 12 after the amendment to
Section 12 . It is submitted that, Section 21 of the Act clearly provides that
arbitration proceedings
placed reliance on section 12(5)
of the Arbitration Act and also explanation (2) of the Seventh Schedule
to the Arbitration Act which states that ... disclosure under Section 12(1) of the Arbitration Act
after considering the effect of Schedule Fifth and Seventh of the
Arbitration Act. It would have
arbitrator under Section 11 of the Arbitration and Conciliation Act,
1996 (" Arbitration Act ") in connection with disputes and differences
between the parties under ... Indian Railways - placing the arbitration
agreement in direct conflict with the Fourth Schedule of the
Arbitration Act , read with Section 12(5) of the Arbitration
disputes, in question.
19. Referring to Sub-section (5) of Section 12 of
the Arbitration Act, 1996, Mr. Shahi, learned Senior Counsel,
further submits that ... else, all the arbitration proceedings, pending
on 23.10.2015, when Sub-section (5) of Section 12 of the
Arbitration and Conciliation Act, 1996, came into force
dispute that the sub-section (5) of Section 12 of
the Arbitration Act is inserted by the Arbitration and Conciliation
(Amendment) Act, 2015 with effect ... under
Section 12(5) of the Arbitration Act.
10. A perusal of Section 5 of the Arbitration Act indicates that
the Court can intervene only
Court under Section 12 of the- Act to enlarge the time for making the award.
3. Section 12 of the Indian Arbitration Act provides that ... under Section 12 of the Indian Arbitration Act, which corresponds to Section 9 of the English Arbitration Act, even after the award had been delivered
defendant No.1 nor complied in view of Sec.12 of the Arbitration
and Conciliation Act, since the sole arbitrator has not disclosed in
writing ... 12(5) of
Arbitration and Conciliation Act is applicable to the case on hand.
Thus, as per 7th schedule of the Arbitration and Conciliation Act
Execution Court under
Section 47 CPC.
II. Objective behind inclusion of Section 12 (5) and Schedule 7in
the Arbitration and Conciliation Act ... Arbitration and Conciliation Act, 1996 by way of Arbitration and
Conciliation (Amendment) Act, 2015 w.e.f. 23.10.2015.
15. Section 12(5) was introduced
Arbitration and Conciliation Act, 1996 by way of Arbitration and
Conciliation (Amendment) Act, 2015 w.e.f. 23.10.2015.
15. Section 12(5) was introduced ... 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
