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
Cimmco Birla
Ltd. (respondent) vide their application dated
23.12.2002 under section 12 of the Arbitration &
Conciliation Act, 1996 against the Presiding
Arbitrator Shri ... Gupta was discussed. The
provisions of Section 12 of the Arbitration &
Conciliation Act, 1996 regarding grounds for
challenge were gone through by the Arbitrators
been filed under Section 14 of the Arbitration
and Conciliation Act (for short ' Arbitration Act ') read with Section 151 CPC
seeking termination ... MSMED Act in terms of Section 18 thereof. Petitioner's application
under Section 12 of the Arbitration Act, has been rightly dismissed
employee of the respondents, his
appointment is hit by Section 12(5) of the Arbitration Act, which
has been incorporated ... under Section 11(6) but such
remedy lies elsewhere and under
different provisions of the Arbitration Act
( Sections 12 and 13 ), the context in
which
year 2015, recital
thereof duly finds mentioned in the arbitration clause. Section
12(5) of the Act would be applicable. The said provision would
indicate ... declaration to be made by him
as required under Section 12 of Arbitration and Conciliation Act,
1996 in respect of his independence and impartiality
arbitration while specifically
stating that in view of Section 12 (5) of the Arbitration Act an independent Sole
Arbitrator should be appointed. Three names were ... subject to declaration to be made by the Arbitrator under Section 12 of the
Arbitration Act with regard to his independence and impartiality to settle
arbitration while specifically stating
that in view of Section 12 (5) of the Arbitration Act an independent Sole
Arbitrator should be appointed. Three names were ... subject to declaration to be made by the Arbitrator under Section 12 of the
Arbitration Act with regard to his independence and impartiality to settle
whereof is
annexed as Annexure A-1.
3. Declaration under Section 12 of the Arbitration and
Conciliation Act, 1996, as amended upto-date, is
annexed ... regarding arbitration, legislature came up
with legislation which is known as
Arbitration and Conciliation Act, 1996 . In
order to make arbitration process more
effective
above decisions, it is clear that
Section 12(1) , as substituted by the Arbitration and Conciliation
(Amendment) Act, 2015 ["the Amendment ... ground that
justifiable doubts have arisen under sub-section (3) of Section
12 subject to the caveat entered by sub-section (4) of Section 12
defined under Section 2(1) (e) of 1996 Act.
12. Section 42 provides that where with respect to an arbitration
agreement, any application under Part ... contentions:
(i) the respondent did not invoke arbitration clause before
invoking Section 11 of Arbitration Act.
(ii) Arbitration clause provides for appointment of arbitral
Tribunal
