independence or
impartiality. His appointment should not further be
challengeable under section 12 Arbitration and
Conciliation Act 1996 or his relationship should not
fall under ... matter of
arbitration"
4. It is stated that the notice invoking arbitration under Section 21 of the
Arbitration and Conciliation Act, 1996 was issued
Arbitrator:
64.(3)(a) : Appointment of Arbitrator where applicability of
section 12 (5) of Arbitration and Conciliation Act has been
waived ... made it conditional on the petitioner waiving Sections 12(5) and
31(5) of the Arbitration and Conciliation Act. The petitioner, by letter
dated
unequivocal novation, the arbitration
clause of the original contract continues to survive in terms of Section 7 of
the Arbitration Act.
12. The Petitioner ... also requested to file the requisite disclosure
under Section 12(2) of the Arbitration Act within a week of entering into
reference.
19. All rights
writing as per Appendix XIX towards
waiver of Section 12(5) of the Arbitration and Conciliation Act,
1996 along with the notice for appointment ... 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
said Award is in contravention
to the provisions of Section 12(5) Arbitration and Conciliation Act,
This is a digitally signed order.
The authenticity ... learned Arbitrator is requested to furnish a declaration
in terms of Section 12 of the 1996 Act prior to entering into
the reference
given
any declaration as provided under section 12 of Arbitration and
Conciliation Act, 1996. Additionally, there is no notice under section
21 of Arbitration ... respondent No. 2. Additionally, a copy of
the declaration under section 12 of the Arbitration and Conciliation
This is a digitally signed order.
The authenticity
arbitration will be held under the aegis and rules of the
Delhi International Arbitration Centre, Delhi High Court, Sher
Shah Road, New Delhi (hereinafter, referred ... Arbitrators are requested to furnish a declaration in
terms of Section 12 of Arbitration and Conciliation Act, 1996
prior to entering into the reference
learned Arbitrator did not give disclosure as required under Section 12 of
Arbitration and Conciliation Act, 1996 ('1996 Act').
2. From the petition
senior counsel while relying on the
proviso of Sub-section 5 of Section 12 of Arbitration and Conciliation Act,
1996 contends that there
petitioner that there is
no declaration under section 12(5) of the Arbitration and Conciliation
Act, 1996 issued by the Arbitrator and according ... that the panel has not given a declaration under section 12(5)
of the Arbitration and Conciliation Act, 1996, to my mind, goes
