Amendment Act, which provides for ineligibility of a
person to act as an arbitrator. Sub-section (5) of Section 12 provides
thus:-
Section 12 Grounds ... express agreement in writing
under proviso to sub-section (5) of Section 12 of the Arbitration Act.
26) The contours defining the independence and impartiality
filed under Section 34 of the Arbitration and Conciliation
Act, 1996 (hereinafter referred to as 'the Act') read with Sections 12 ... Bhat would amount to rewriting
Section 12 and cannot be accepted.
41. Section 12(3) of the Arbitration Act sets out the grounds on which
Section 12 of the Act was essentially connected with the relief under Section 5 of the Act, It is submitted that relief under Section ... matters relating to the arbitration. That occasioned the application under Section 5 of the Arbitration Act, read with Sections 11 , 12 and 13 thereof
currency of the arbitration
and yet did not make any disclosure thereof, as mandated under Section 12
of the Arbitration Act. Section 12 requires ... Arbitration Act in detail under 5th and 7th schedules read with
Section 12 of the Act. Explanation 1 to Section 12 (1) (a) states that
section (5) to Section 12 of
the said Act.
(iv) She submitted that ordinarily under Section 12(5) of the
Arbitration Act, an Arbitrator ... there were major changes made in Section 12 of the said
Act. Section 12 of the Arbitration Act mentions about the grounds for
challenge
Arbitration Act was in
pursuance of arbitration agreement, referred to in Sub-Section (1) of
Section 7 of Arbitration and Conciliation Act, 1996.
Section ... Act over the Arbitration and Conciliation Act , the
14
Arbitrator appointed under Section 18 of Arbitration and Conciliation Act,
was not obliged to disclose
Arbitration Act, the petition u/s 14
and 15 of the Act is not maintainable; after dismissal of the application
u/s 12 ... provision of Arbitration Act ?
(ii) Whether the mandatory requirement of issuing notice u/s
21 of the Arbitration Act for invoking arbitration proceedings has been
Arbitration Act is conditioned by Section 2(c) and Section 31 of the Arbitration Act and is consequently "under this Act", and therefore ... with Section 31 of the Arbitration Act also an application under Section 20 of the Arbitration Act. Neither Section 2(c) nor Section 31 dispenses
this sub-section with the corresponding provisions of the previous statutory enactments dealing with arbitration. Section 12 Indian Arbitration Act, 1899 was as follows ... Section 12 , Arbitration Act 1899.
7. Thus on a question of mere construction of Sub-section (1) of Section 28 , Arbitration Act, 1940 and giving
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
