proviso to Section 26 of the
Arbitration Act, which is not there in second part of Section
26 of the Arbitration Act and which reads ... amend the grounds in Section
12 application. On 15.11.2014, the application filed under
Section 12 of the Arbitration Act was dismissed and the
matter
application of Section 12 after the amendment to
Section 12 . It is submitted that, Section 21 of the Act clearly provides that
arbitration proceedings ... falling under Section 12 read with Fifth and Seventh
Schedule would become applicable.
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conflict post- appointment.
II.A. b. Waiving the Disqualification - section 12(5) :
18. Section 12 (5) nullifies any agreement made between the parties before ... appointment of the arbitrator
is also contrary to section 12(4) of the Act. Under section 12(4) , a party may
challenge an arbitrator
this Act, except Sub-section (1) of Section 6 and Sections 7 , 12 , 36 and 37 , shall apply to every arbitration under any other enactment ... section (1) of Section 6 and Sections 7 , 12 , 36 and 37 of the Act. We are concerned with the provisions contained in Section
reliance on section 87
inserted by Arbitration & Conciliation (Amendment) Act, 2019 and
would submit that in view of section 87, section 12(5) would ... ground at this stage under section 34
of the Arbitration Act.
15. Insofar as the provisions of section 12(1)(a) of the
Arbitration
utter violation of the provisions embodied
in Sections 12(1) and 12(2) of the Arbitration Act' 1996
and a request had been made ... challenged only on the ground
mentioned in sub-section (1) (a) of Section 12 and
Section 13(2) provides that a party who intends
challenged strictly on
the grounds provided under Section 34 of the Arbitration Act. If the challenge
to an Award is based on the ground that ... aforesaid Agreement is admittedly prior to the
amendment to Section 12 of the Arbitration and Conciliation Act, 1996.
https://www.mhc.tn.gov.in/judis
submitted that the award itself suffers from
Violation of Section 12 of the Arbitration and Conciliation Act, 1996 read
with Schedule 7 to the Arbitration ... panel is hit by Section 12(5) of the Act. In the present case,
the proviso to Section 12(5) of the Act not being
ineligible to act
as an Arbitrator.
40] Sub- section 5 and Section 12 was inserted by Arbitration
and Conciliation (Amendment) Act 2015 with effect from ... language of Section 12(5) is very specific.
There must be express agreement for waiving of provisions of
Section 12(5) . No such express agreement
proviso to Section 26 of the
Arbitration Act, which is not there in second part of Section
26 of the Arbitration Act and which reads ... amend the grounds in Section
12 application. On 15.11.2014, the application filed under
Section 12 of the Arbitration Act was dismissed and the
matter
