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
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
passed by the District Court under section 9 of the Arbitration Act.
Section 9(2) of the Arbitration Act would prevail and order dated ... arbitration application under section
11(6) of the Arbitration Act can be preferred after obtaining
an interim order under section 9 of the Arbitration Act
Arbitrator
(a) Appointment of Arbitrator where applicability of section 12(5) of
Arbitration and Conciliation Act has been waived off:
(a)(i) In cases where ... circumstances
give rise to an apprehension of bias and Section 12 of the
Arbitration Act, inserted by Act No.3 of 2016, require a person
Arbitrator
(a) Appointment of Arbitrator where applicability of section 12(5) of
Arbitration and Conciliation Act has been waived off:
(a)(i) In cases where ... circumstances
give rise to an apprehension of bias and Section 12 of the
Arbitration Act, inserted by Act No.3 of 2016, require a person
Section 12(2) which refers to the disclosure by the Arbitrator of
the circumstances referred to in Section 12(1) . Under Section 12 ... complete the entire arbitration within a
period of 12 months. Thus, from a reading of Section 12(1) of the
Arbitration Act, this does
unilateral appointment of the Arbitrator is hit by Section
12(5) of the Arbitration Act read with the 7th Schedule thereof. Such
appointment itself ... Section 4 of the Arbitration Act which was waiver
of right to object would show that even if applicability of Section
12
Respondents in Claim No.5 which is the subject matter of
the Arbitration Petition (L) No. 28284 of 2022 on 22 nd April,
2022.
(xxvi ... nine Arbitration Petitions.
(xxvii) The Respondents had filed formal Application under
Section 33 of the Act on 1 st June, 2022 seeking typographical
12
Respondents in Claim No.5 which is the subject matter of
the Arbitration Petition (L) No. 28284 of 2022 on 22 nd April,
2022.
(xxvi ... nine Arbitration Petitions.
(xxvii) The Respondents had filed formal Application under
Section 33 of the Act on 1 st June, 2022 seeking typographical
12
Respondents in Claim No.5 which is the subject matter of
the Arbitration Petition (L) No. 28284 of 2022 on 22 nd April,
2022.
(xxvi ... nine Arbitration Petitions.
(xxvii) The Respondents had filed formal Application under
Section 33 of the Act on 1 st June, 2022 seeking typographical
12
