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
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
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
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
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
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
