writing."
12. Category 10 of the Seventh Schedule read with Section 12 (5) of the
Arbitration and Conciliation Act provides that an Arbitrator shall ... categories mentioned in
Seventh Schedule of the Arbitration and Conciliation Act and therefore,
Section 12 (5) of the Arbitration and Conciliation Act does
correct
when it applies Section 4 , Section 7 , Section 12(4) ,
Section 13(2) and Section 16(2) of the Act to the facts ... Section 12 (1) read with
Section 13 of the Act are different from objections under Section
12(5) read with Section 14 of the Act
Court has laid down the law under Section 12 (5) of the Act,
Section 14 of the Act gets attracted and the mandate ... Perkins (supra) and Section 12(5) of
the Act would not apply. First and foremost, Section 12(5) of the
Act itself begins with
furnish a Statement
of Disclosure as required by Section 12 of the Arbitration Act. A
copy of that disclosure is at page ... forward the necessary statement of disclosure under
Section 11(8) read with Section 12(1) of the Arbitration
Page 17 of 20
30th January
purpose of section 43 of the
Act. Sub-section (1) of section 43 provides that
the Limitation Act 1963 shall apply to arbitrations ... courts. Sub-section (2)
of section 43 provides that for the purposes of section
43 and the Limitation Act, 1963 , an arbitration shall
be deemed
judgment the issue regarding disclosure as foreseen
under Sections 12(1) and 12(2) of the Act has also been dealt with. He further
submitted ... disqualification under Section
12 of the Act was left open and it was held that Section 11 of the Act was not a remedy
Section 12 (5) of the 1996 Act. Before
proceeding to discuss the preliminary objection it is necessary to first
consider Section 12 of the Act ... observed that the very
purport of the introduction of Section 12 (5) to the Arbitration Act was
the reiterate the twin features of the arbitrator
have arisen under sub-section (3) of Section
12 subject to the caveat entered by sub- section (4) of Section
12. The challenge procedure ... petition under
Section 34 of the Arbitration & Conciliation Act is not substantiated keeping
in mind the fact that as per Section 12
filed by the petitioner under
Section 11(6) read with Section 11(12)(b) of the Arbitration and
Conciliation Act, 1996 (in short, „Act ... arbitration as per Clause 20.3 of the GCC read with the Act of
1996 as amended by Arbitration and Conciliation (Amendment)
Act, 2015 , („ Amended Act
well as Section 12(5) of the 1996 Act.
9. For ready reference, Section 12(5) of the 1996 Act ... Act.
10. Section 12(5) of the 1996 Act was introduced, in the 1996 Act,
by Section 8 (ii) of the Arbitration & Conciliation (Amendment
