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 46 of the Act reads:
The provisions of this Act, except Sub-section (1) of Section 6 and Sections 7 , 12
conducted the
arbitration in utter violation of the provisions embodied
in Sections 12(1) and 12(2) of the Arbitration Act ... aside the award
under Section 34 of the Arbitration Act' 1996. It was,
thus, opined that Section 12(1) of the Arbitration Act
Authorities is concerned, it is submitted that as per
section 12(5) of the Arbitration Act, 1996 as amended vide Act ... AnnexureXII, towards waiver under Section 12(5) and
section 31 A(5) of the Arbitration Act, 1996 to the effect that the
applicant waives
known the Arbitration and Conciliation Act,
1996 , underwent major changes by virtue of the
Arbitration and Conciliation (Amendment) Act, 2015 .
Section 12 of the Act ... Act of
2015, amended section 12 of the Act of 1996 would apply
in the present case or unamended section 12 of the Act
provisions of Section 7 of
the Arbitration Act, which read as under:
7. Arbitration
agreement
(1)
In this part, arbitration agreement means an agreement ... objection
to the Arbitration, then proceedings under Sections 12 and 13 of the
Arbitration Act can be initiated in this regard.
21. At
this stage
Arbitration Tribunal Act, 1992 are nothing akin to
"Arbitration" within the meaning of the Arbitration Act, 1996
or its predecessor, the Arbitration Act ... Arbitration Tribunal Act, 1992. Under Section 11 , the Tribunal
has power to review its own award. Under Section 12 , the
High Court has powers
conducting arbitration proceedings in turn fixes the seat of
arbitration. Whereas sub-section(1) of Section 20 of the
Arbitration Act' 1996 speaks ... Arbitration Act' 1996. The interplay
between Section 18 of the MSMED Act' 2006, Section 2(4) and
Section 7 of the Arbitration Act
Arbitration
Act, which defines "party" means a party to
an arbitration agreement. Reference was also
made to section 8 of the Arbitration Act ... excessive judicial
interference which is not contemplated
under the Arbitration Act .
12. The Arbitration Act itself gives
various procedures and forums to challenge
the appointment
absence of any provisions to the
likes of Section 12(5) of the Arbitration Act. Hence, there was no
impediment in allowing the principle ... 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
Act,
such appointment can be questioned under Section
13 thereof. In a proceeding under Section 11 of the
1996 Act, the Chief Justice cannot replace ... IAAP/70/2020 CAV JUDGMENT
Arbitration Act ( Sections 12 and 13 ), the context in
which the aforesaid view was expressed cannot be
lost sight
