Conciliation Act, 1996 read with the Seventh
Schedule. Section 12(5) of the Arbitration Act, 1996 (as amended by the 2015
Amendment Act) provides that ... subject to the declarations
being made under Section 12 of the Arbitration and Conciliation Act, 1996 with
7
respect to independence and impartiality
section (5) of Section 12 by amendment
of Act, 2015 read with Seventh Schedule to the Act , Subsection
(5) of Section 12 read with ... section
(5) of Section 12 read with Seventh Schedule to the Act came to
be inserted. Subsection (5) of Section 12 read with Seventh
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
present petitions are maintainable under Sections 14 and 15 of the
Arbitration Act. By drawing reference to Sections 12 and 13 thereof, he
submitted that ... Schedule are referred to
in Section 12 and not Section 14 . Therefore, Sections 12 and 13 of the
Arbitration Act should be examined next
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
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
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
Arbitration and
Conciliation (Amendment) Act, 2015 , which came into force
on 23.10.2015. By virtue of Subsection (5) of Section 12
read with 7th Schedule ... 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
note that the proviso to Section 12(5) must be contrasted with Section 4
6
of the Act. Section 4 deals with cases of deemed ... disqualification under Section 12 of the Act of 1996. The Arbitrator
suffers a disqualification under Section 12(5) of the Act of 1996 in view
waiving
:4:
the applicability of Section 12(5) of the Arbitration and
Conciliation Act.
4. This demand for arbitration was followed by
reminders dated ... case of the petitioner that by virtue
of Section 12(5) of the Arbitration and Conciliation Act, the
General Manager being ineligible to be Arbitrator
