statutory scheme contained in Sections 12 to 14 of
the Act. These Sections read as under:-
“Sec. 12 Grounds for challenge.-
(1) When a person ... ground referred to
in this section or sub-section (3) of section 12 .”
12. Under Section 12 , it is clear that when a person
proviso to Section 12(5) , where parties may,
-subsequent to disputes having arisen between
them-, waive the applicability of the proposed
Section 12 ... only applied Section 12(5) of
the Act to the facts of the case therein. Petitioner cannot claim ignorance of
Section 12
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
conflict between Section 26 of
the Act of 1996 and Section 12 (5) of the Amended Act, but
Section 12 (5) would prevail ... section by an express
agreement in writing.
Sub-section (5) of Section 12 contains a non obstante clause.
The Seventh Schedule enacted under Section 12
Arbitrator was required to
submit a declaration in terms of Section 12 of the Arbitration and
Conciliation Act, 1996, as amended ... Patna High Court
has furnished a declaration in terms of Section 12 of Arbitration and
Conciliation Act, as amended
Arbitrator, the appellant has filed a
petition under Section 12 of the Arbitration and Conciliation Act before the
learned Arbitrator no sooner the Arbitration Proceedings ... challenged the order of dismissal of the
petition filed under Section 12 of the Arbitration and Conciliation Act by the
learned Arbitrator, and hence
provisions of Section 12 (1) post amendment with newly inserted sub-sections (1) and (5) read as under:
'12. Grounds for challenge. (1) When ... ground referred to in this section or sub-section (3) of section 12 .
34. Section 14 provides for a termination of the mandate
statutory scheme contained in Sections 12 to 14 of
the Act. These Sections read as under:-
“Sec. 12 Grounds for challenge.-
(1) When a person ... ground referred to
in this section or sub-section (3) of section 12 .”
12. Under Section 12 , it is clear that when a person
referring and reminding the provision of Section 12 and
more particularly Sub Section 5 thereof of the Arbitration and Conciliation
Act, 1996 which was introduced ... employees as arbitrators, by the virtue of Sub
Section 5 of Section 12 of the Arbitration and Conciliation Act, 1996, they
cannot be appointed
Section
12 , the Legislature has consciously retained the challenge
procedure under Section 13 of the Act. It is because
Sections 13(2) and Section ... TIME TO
THE ARBITRATION AND IN PARTICULAR YOUR
ABILITY TO FINISH THE ENTIRE ARBITRATION
WITHIN TWELVE MONTHS (LIST OUT)”
12. Sub-section (5) of Section
