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
within the ambit of
Section 7 of the Arbitration and Conciliation Act, 1996 and would
amount to an arbitration clause.
12) Also as held ... award under Section 34
or opposing enforcement under Section 36 of the
Act.
(VI) Section 12(5) of the Arbitration Act is an exception
within the ambit of
Section 7 of the Arbitration and Conciliation Act, 1996 and would
amount to an arbitration clause.
12) Also as held ... award under Section 34
or opposing enforcement under Section 36 of the
Act.
(VI) Section 12(5) of the Arbitration Act is an exception
Arbitration and Conciliation (Amendment)
Act, 2015 came into effect (for short, “the Amendment Act,
2015”), by which sub-section (5) was inserted into Section 12 ... impartiality, the
Amendment Act, 2015, brought amendments, inter alia, to Section 12
of the Act, 1996. The amended section reads thus:-
“12. Grounds for challenge
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(vi) The impugned award is against the provisions of the
Act, 1996.
(vii) The learned Sole Arbitrator was though appointed to
consider ... being in violation of
the mandatory provisions contained under Section 34 (5) of the
Act, 1996, as no prior notice was issued to the claimant
Act .
42. With regard to Applicability of Arbitration and Conciliation Act, 1996 , it
is stated that disclosure under Section 12 of the Act is mandatory ... Conciliation Act, 1996 , particularly
Section 12 contained in Part I of the Act . It is submitted that, in terms of
Section 2(2) , Part
part of the petitioner under Section 4
of the Act 1996 or/and Section 12 (5) of the Act 1996 to the jurisdiction ... accordance with section 34 ."
17. Seventh Schedule referred to under Section 12 (5) of the Arbitration
and Conciliation Act, 1996 reads as under
part of the petitioner under Section 4
of the Act 1996 or/and Section 12 (5) of the Act 1996 to the jurisdiction ... accordance with section 34 ."
17. Seventh Schedule referred to under Section 12 (5) of the Arbitration
and Conciliation Act, 1996 reads as under
para 9]
*****
74. Under Sections 12(1) and 12(5) , the Arbitration Act recognises
certain mandatory standards of independent and impartial tribunals.
The parties have ... under Section 12(5) goes to the root of the appointment,
an application may be filed under Section 14(2) of the Arbitration
Act
arbitration
application filed under Section 11(6) of the Arbitration Act
and if applies whether Section 5 of the Limitation Act,
1963 would be applicable ... limitation for filing
an arbitration application filed under Section 11(6) or
Section 11(9) of the Arbitration Act respectively
