provisions of Sub-section (5), would not prevail upon Sub-
section (5) of Section 12 ; rather, the provisions, embodied in
Sub-section (5), will override ... arbitration proceeding, which had already
commenced; or else, all the arbitration proceedings, pending
on 23.10.2015, when Sub-section (5) of Section 12 of the
Arbitration
this petition filed under Section 12(5) read with Section
14 of the Arbitration and Conciliation Act,1996 (for short "the Arbitration ... dispute that the sub-section (5) of Section 12 of
the Arbitration Act is inserted by the Arbitration and Conciliation
(Amendment) Act, 2015 with effect
prescribed under Section 13 of
the Arbitration Act within the time prescribed therein. The
arbitration petition invoking Section 14 of the Arbitration Act is thus ... alleged
circumstances referred to in Sub-section (3) of Section 12 of the
Arbitration Act. The petitioner cannot file the petition under Section
Arbitration Act w.e.f. 23.10.2015 by the Act 3 of 2016. Under
the substituted sub-section (5) of Section 12 , certain categories of people ... employees of the Railways and therefore under sub-section (5)
of Section 12 of the Arbitration Act, neither the Chief Engineer nor the Dy. Chief
ground
referred to in this section or sub-section (3) of section 12 .
" Section 19 : Determination of Rules of Procedure-
(1) The arbitral tribunal ... other Court."
Code of Civil Procedure , 1908:-( CPC )
"Section 120:- Provisions not applicable to High Court in
Original Civil Jurisdiction-
The following provisions
ground
referred to in this section or sub-section (3) of section 12 .
" Section 19 : Determination of Rules of Procedure-
(1) The arbitral tribunal ... other Court."
Code of Civil Procedure , 1908:-( CPC )
"Section 120:- Provisions not applicable to High Court in
Original Civil Jurisdiction-
The following provisions
Tribunal, but only by taking recourse to sub-Section (5) of
Section 12 of the Arbitration and Conciliation Act, 1996.
22. In the case ... arisen between the parties concerned, and that Sub-section (5)
of Section 12 of the Arbitration Act, 1996, does not create any
impediment
hereinafter), inter alia, by substitution of Section 12(1) and
insertion of Section 12(5) therein as also insertion of the Fourth to
Seventh Schedules ... terms of Clause 64 of GCC notwithstanding.
12. Prior to its substitution, Section 12(1) of Arbitration
Act read as follows :-
"12 (1) When
statement of disclosure in
terms of section 11(8) read with section 12(1) of the Arbitration Act
before the next date.
7/8
::: Uploaded ... file statement of disclosure in
terms of section 11(8) read with section 12(1) of the Arbitration Act
before the next date.
17. Place
arbp83-14
terms of section 11(8) read with section 12(1) of the Arbitration Act
before the next date.
13. The parties are directed ... file statement of disclosure in
terms of section 11(8) read with section 12(1) of the Arbitration Act
before the next date.
14. Place
