open to the petitioner to raise its pleas in
arbitration under Sections 12 and 13 before the Arbitral
Tribunal.
8. Accordingly, I find no merit ... Section 12(1) and Section 12(5) of the Act (as
amended) are relevant and read as under:-
"12. Grounds for challenge.-(1) When
Singapore (hereafter
'Singapore High Court') under Section 12 of the International Arbitration
Act (hereafter 'IAA') seeking enforcement of the Emergency Award ... this was taken
by the Law Commission. The amendments to Section 12 have been made
and Vth Schedule has been introduced to ensure the neutrality
pronouncement of the decision
on the Application under section 12 and 13 of the
Arbitration & Conciliation Act, 1996 is that the mandate of
Shri ... Indisputably, in view of Section 26 of the Arbitration and
Conciliation (Amendment) Act, 2015, the amendments to Section 12
would not be applicable
awarded work to the petitioner. The
Petitioners also have remedy under Section 12 & 13 of
the Act, in case they doubt the impartiality ... force
now.
5. We have here below reproduced the section 12 (5) of
Arbitration and Conciliation Act 1996,
" Section 12(5) : Notwithstanding any prior
cannot be equated to the value of the dispute in arbitration.
13. Section 12(2) of the CCA reads as under:
"12 ... defined under Section 2(1)(i) of the
CCA - in an arbitration matter has to be ascertained in terms of Section
12
introduction of sub-section 6A in Section 11 of the Act, by virtue
of the Arbitration and Conciliation (Amendment) Act, 2015 . The scope of
examination ... aforesaid appointment is subject to the necessary disclosure
being made under Section 12 of the Act and the arbitrator not being
ineligible under Section 12
Plant."
12. The petitioner is aggrieved by the aforesaid conclusion and has
preferred a petition under Section 34 of the Arbitration and Conciliation
M/S Tamilnadu Telecommunications Ltd. vs Bharat Sanchar Nigam Ltd. on 11 November, 2016
Author
Simoese Von Staraburg Niedenthal and Anr. v. Chhattisgarh
Investment Limited : (2015) 12 SCC 225 in support of the aforesaid
contention. He also referred ... Section 9 of the Act would
not be maintainable before the Court which does not have jurisdiction over
the subject matter of dispute.
12
Arbitral Tribunal also awarded interest in terms of Section 49(3)
of the Arbitration Act, 1996 from 01.10.2011 till the date of the award ... affected by fraud or corruption or was
in violation of section 75 or section 81 ; or (ii) it is in contravention with
the fundamental policy
