Section 12 in The Arbitration And Conciliation Act, 1996
12. Grounds for challenge
- [(1) When a person is approached in connection with his possible appointment ... ability to devote sufficient time to the arbitration and in particular his ability to complete the entire arbitration within a period of twelve months. Explanation
Section 12 in The Arbitration Act, 1940
12. Power of Court where arbitrator is removed or his authority revoked .-(1) Where the Court removes ... that the arbitration agreement shall cease to have effect with respect to the difference referred. (3) A person appointed under this section as an arbitrator
person to act as an arbitrator. Sub-section (5) of Section 12 provides
thus:-
Section 12 Grounds for challenge
(1) When a person is approached ... express agreement in writing
under proviso to sub-section (5) of Section 12 of the Arbitration Act.
26) The contours defining the independence and impartiality
Arbitration Act was in
pursuance of arbitration agreement, referred to in Sub-Section (1) of
Section 7 of Arbitration and Conciliation Act, 1996.
Section ... such arbitration was in pursuance of arbitration
agreement referred to Sub-Section (1) of Section 7 of the Arbitration Act,
1996, and as a corollary
petitioner under
Section 4 of the Arbitration Act, of its right to raise a challenge under Section 12 of the
Arbitration Act and further ... Bhat would amount to rewriting
Section 12 and cannot be accepted.
41. Section 12(3) of the Arbitration Act sets out the grounds on which
appeal is not provided under Section 39 against an order passed under Sections 5 and 12 of the Arbitration Act, it should be assumed that ... matters relating to the arbitration. That occasioned the application under Section 5 of the Arbitration Act, read with Sections 11 , 12 and 13 thereof
Section 12(5) read the Seventh Schedule; (ii) mandatory disclosure under
Sections 12(1) read with the Fifth Schedule; (iii) challenge procedures under
Sections ... Arbitration Act
34
Section 34(2)(a)(v) , Arbitration Act
35
Section 11(6) , Arbitration Act
36
N S Nayak and Sons v. State
under 5th and 7th schedules read with
Section 12 of the Act. Explanation 1 to Section 12 (1) (a) states that
ground under ... that Section 12(2) provides for an arbitrator to disclose to the
parties in writing, without delay, any circumstance referred to in Section 12
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
Court under Section 47 CPC 5
3.2 Objective behind inclusion of Section 12 (5) and Schedule 5 & 7 in the Arbitration and Conciliation ... Execution Court under
Section 47 CPC.
II. Objective behind inclusion of Section 12 (5) and Schedule 7in
the Arbitration and Conciliation
