Section 12 read
with Seventh Schedule. Therefore, by operation of law and by amending
Section 12 and bringing on statute sub-section (5) of Section ... section (5) of Section 12 read
with Seventh Schedule to the Act and therefore the disqualification under
Sub-section (5) of Section 12 read with
right in filing arbitration petition approaching the High
Court under Section 11 and Section 15 of the
Arbitration Act, 1996 for appointment of a substitute ... Amendment Act, the
Managing Director has become ineligible to act:-
23. After the amendment to the Arbitration and Conciliation Act,
2015 , Section 12(5) prohibits
Sections 14(2) and 15 of the Act during the pendency of arbitration
proceedings; the arbitration application, filed by the petitioners
under Sections 12 ... Sole arbitrator to terminate his mandate as per Section
12 and Section 14 of the Act and (c) to appoint a Retired District
Judge
proviso to section 12(5) must be read in sync with the momentum
of the 1996 Act. The proviso to section 12 ... appointment of the arbitrator
is also contrary to section 12(4) of the Act. Under section 12(4) , a party may
challenge an arbitrator
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
Seventh Schedule as specified in Section 12 (5) of the
amended Section 12 of the Arbitration and Conciliation
(Amendment) Act, 2015. He specifically invited attention ... Section 12 of the Act. Subsection (1) and
Sub-section (5) of Section 12 as well as Seventh Schedule to the
Act which are relevant
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
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
Section 14(1)(a) of the
Arbitration and Conciliation Act, 1996 read with Sections 11(6) and 15(2) of
the Arbitration and Conciliation Act ... provide the disclosure, as mandated by sub section (1) of Section 12 of
the Arbitration and Conciliation Act 1996 (the Arbitration Act ).
2. After
Arbitrator has failed to comply with the
provisions of Section 12 of the Act;
v. Award has been obtained on the basis of fabricated
documents ... Arbitration Act but he has not complied the provision of
section 12 of Arbitration Act in letter and spirit as he has not
declared
