person to act as an arbitrator. Sub-section (5) of Section 12 provides
thus:-
Section 12 Grounds for challenge
(1) When a person is approached ... express agreement in writing
under proviso to sub-section (5) of Section 12 of the Arbitration Act.
26) The contours defining the independence and impartiality
ineligible to act
as an Arbitrator.
40] Sub- section 5 and Section 12 was inserted by Arbitration
and Conciliation (Amendment) Act 2015 with effect from ... language of Section 12(5) is very specific.
There must be express agreement for waiving of provisions of
Section 12(5) . No such express agreement
said
matter of Arbitration between the Respondent as claimant and
the Petitioner as Respondent under Section 16 read with Sections
12 ... Application filed under
Section 12 read with Section 13 of the said Act, an
Application under Section 14 would be maintainable. If the
Tribunal acts
award under Section 34 or opposing enforcement under Section 36
of the Act.
(VI) Section 12(5) of the Arbitration Act is an exception ... arbitration without objection
under Section 4 , (ii) by exchange of statement of claim/defence
under Section 7 , (iii) by failure to challenge arbitration under Section
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