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 deals with the grounds to challenge an
Arbitrator and not the Appointing Authority. Section 12 of the Act is
reproduced ... regard can be drawn to Section 31A (5) of the Act.
30. Even Section 12(5) of the Act restricts the party autonomy
Act, 2015 .
24. Sub-section (1) of Section 12 of the A&C Act was substituted
and Sub-section (5) of Section 12 ... Act was introduced in
Section 12 of the A&C Act. The said Sub-sections read as under:
"12. Grounds for challenge
jure ineligible to
proceed with the arbitration.
5. Section 12(1) of the Act is reproduced herein under:-
"12. Grounds for challenge.-- [(1) When ... upon
non-disclosure or giving a false disclosure under Section 12(1) of the
Act.
12. In Pallav Vimalbhai Shah & Ors. Vs. Kalpesh Sumatibhai
challenge the
jurisdiction of the Arbitrator by resorting to Sections 12-15 of the
Act, which concedingly not done.
19. Without prejudice, it is also ... under Section 11(6) but such
remedy lies elsewhere and under different provisions of
the Arbitration Act ( Sections 12 and 13 ), the context in
which
conclusions therefore on Section 2(1)(e) and Section 42 of
the Arbitration Act, 1996 are as follows:
(a) Section 2(1)(e) contains ... after completion of the arbitration, under
Section 34 of the Act. If an arbitrator is appointed contrary to
Section 12(5) read with the Seventh
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 has been
fulfilled. In the application filed by the petitioner, before the
Arbitral Tribunal, under Sections 12 and 13 of the
Arbitration Act
said arbitration Board. Instead the petitioner filed the petition under Sections 5 , 11 and 12 of the Arbitration Act, 1940 in this regard ... Act, Sections 30 and 33 of the old Act will not apply and therefore objections under Sections 30 and 33 of the Arbitration Act
petitioner
and respondent. Section 12(5) of the 1996 Act, as amended (by way
of insertion) by Section 8 of the Arbitration and Conciliation
(Amendment ... arbitration determined the applicability, or otherwise, of Section
12(5) , and that, the present arbitration having commenced prior to 23 rd
October, 2015, Section 12
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
