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
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
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
Indian Railways - placing the arbitration
agreement in direct conflict with the Fourth Schedule of the
Arbitration Act , read with Section 12(5) of the Arbitration ... Section 12 , which is captioned as
"Grounds for Challenge". For felicity, the provisions of Section 12(5) are
extracted below:-
Page
Acme Heergarh Powertech Private ... vs Assistant Commissioner Of Customs, Icd ... on 6 May, 2024
Author
place for
conducting arbitration proceedings in turn fixes the seat of
arbitration. Whereas sub-section(1) of Section 20 of the
Arbitration ... arbitration was pursuant to an arbitration agreement referred
to in sub-section(1) of Section 7 of the Arbitration Act' 1996.
With the language
section (5) of Section 12
read with Seventh Schedule, all of them have become ineligible to
become arbitrators and to continue as arbitrators. Section 12 ... section (5) of Section 12 read
with Seventh Schedule. Therefore, by operation of law and by amending
Section 12 and bringing on statute sub-section
arbitration application under section
11(6) of the Arbitration Act can be preferred after obtaining
an interim order under section 9 of the Arbitration ... must look into the amended
Section 12 of the 1996 Act. Section 12 reads thus:
20 AA 26.2023
"12. Grounds for challenge.
(1) When
