judgment of Perkins (supra) and Section 12(5) of
the Act would not apply. First and foremost, Section 12(5) of the
Act itself begins ... which the Arbitration commences. By virtue of
Section 21 of the Act, the Arbitration commences when the
notice invoking arbitration is sent. In the present
raised by the respondent.
11. The arbitration shall be conducted under the aegis of Delhi
International Arbitration Centre (DIAC). The fees of the learned
arbitrator ... High Court Arbitration Centre (Administrative Costs
and Arbitrators' Fees) Rules.
12. Before commencing arbitration proceedings, the Arbitrator will
ensure compliance of Section 12
Shahadara,
Delhi-11 0032.
Sub:- Agreement towards Waiver under Section 12(5) of
Arbitration and Conciliation (Amendment ) Act against Arbitration
in connection with : "Repair ... parties may waive off the applicability of Sub-
Section 12(5) of Arbitration & Conciliation Act 2015, if they agree
for such waiver in writing
Shahadara,
Delhi-11 0032.
Sub:- Agreement towards Waiver under Section 12(5) of
Arbitration and Conciliation (Amendment ) Act against Arbitration
in connection with : "Repair ... parties may waive off the applicability of Sub-
Section 12(5) of Arbitration & Conciliation Act 2015, if they agree
for such waiver in writing
Shahadara,
Delhi-11 0032.
Sub:- Agreement towards Waiver under Section 12(5) of
Arbitration and Conciliation (Amendment ) Act against Arbitration
in connection with : "Repair ... parties may waive off the applicability of Sub-
Section 12(5) of Arbitration & Conciliation Act 2015, if they agree
for such waiver in writing
Perkins Eastman Architects DPC (supra), and
will contravene the very scheme of Section 12(5) of the Act.
ARB.P. 779/2019 Page ... referred to hereinabove.
10. Before commencing arbitration proceedings, the Arbitrator will
ensure compliance of Section 12 of the Act and the fees of the
Arbitrator
Court
was considering a similar Arbitration Agreement as in the
present case. After considering the effect of Section 12(5)
being introduced into ... Rules.
23. Needless to say, before commencing arbitration, the learned Presiding
Arbitrator will ensure compliance with Section 12 of the Act.
(REKHA PALLI)
JUDGE
AUGUST
2020 Page 12 of 15
Arbitration and Conciliation Act, 1996 , as amended by the
Arbitration and Conciliation (Amendment) Act, 2015 . The
Arbitration shall be conducted ... Work Order dated 01.03.2018.
19. Before commencing arbitration proceedings, the learned
Arbitrator will ensure compliance with Section 12
made subject
to final adjudication by the arbitral tribunal in the arbitration
proceedings.
4. Issue notice. Mr. Manish, Advocate accepts notice and submits
that since ... merits.
6. Before commencing arbitration proceedings, the learned
Arbitrator will ensure the compliance of Section 12 of the Act. It will
be open
agreement requires all disputes between
the parties to be adjudicated through arbitration. She, however,
submits that since the respondent is already maintaining a panel ... arbitration proceedings, the Arbitrator will
ensure compliance of Section 12 of the Act.
10. The arbitration shall be conducted under the aegis of Delhi
International
