section (1) of Section 12 of the A&C Act was substituted
and Sub-section (5) of Section 12 ... introduced in
Section 12 of the A&C Act. The said Sub-sections read as under:
"12. Grounds for challenge.--
(1) When
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
Section 12 has been amended substantially; Section
12(1) of the Act has been modified and Section 12(5) has been introduced.
27. Section 12 ... devote sufficient time to arbitration [ Section 12(1)(b) ].
Explanations 1 and 2 have also been introduced to Section 12(1) of the
Act. Explanation
Furthermore, Section 12(5) of the Act is not absolute and the rights can be
waived off under the proviso to Section 12 ... note that
the proviso to Section 12(5) must be contrasted with Section 4
of the Act. Section 4 deals with cases of deemed waiver
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
right to refer the matter to arbitration had
arisen. He stated that a reference to arbitration could be made only once
the parties had exhausted ... thus, the right to refer the dispute
to arbitration arose on the said date. The arbitration was invoked within
a period of three years from
learned senior counsel appearing for Afcons
contended that the arbitration clause was ultra vires Section 12(5) of the
Act since it entailed an arbitral ... ground between the parties that a part of the arbitration
clause is ultra vires Section 12(5) of the Act and that the doctrine
frustrated by virtue of the
amendments to section 12 of the Act as introduced by the Arbitration and
Conciliation (Amendment) Act, 2015 .
3. Briefly stated ... longer possible in view of the provisions
of Section 12(5) of the Act, the arbitration clause was no longer binding and
the petitioner ought
learned Arbitrator had made any disclosure as required under Section 12 of
the Arbitration and Conciliation Act, 1996 [A&C Act]. However, the
impugned ... appointed as an arbitrator by
virtue of Section 12(5) of the Arbitration and Conciliation Act,
1996. Hence, in view of this particular factual position
learned Arbitrator had made any disclosure as required under Section 12 of
the Arbitration and Conciliation Act, 1996 [A&C Act]. However, the
impugned ... appointed as an arbitrator by
virtue of Section 12(5) of the Arbitration and Conciliation Act,
1996. Hence, in view of this particular factual position
