validity of any ground referred
to in this section or sub-section (3) of section 12 .
15. Termination of mandate and substitution of arbitrator ... procedure breaks down,
while Section 11(8) reinforces independence and impartiality through
mandatory disclosures under Section 12(1) .
10.3. Section 12(5) renders persons having
present application has been
filed under Section 11(6) read with Section 11(12)(a) of the Arbitration and
Conciliation Act, 1996 seeking appointment ... reasons stated above, Arbitration Petition No. 65 of 2023
filed under Section 11(6) read with Section 11(12
stipulation
provided in the arbitration clause. If any arbitration
clause runs contrary to the mandate provided in Section
12 ... computing the periods prescribed under Sections
23(4) and 29-A of the Arbitration and Conciliation Act,
1996, Section 12-A of the Commercial Courts
Sepco Electric Power Construction ... vs Gmr Kamalanga Energy Ltd on 26 September, 2025
Author: Dipankar
Odisha State Financial Corporation vs Vigyan Chemical Industeries on 5 August, 2025
1
2025 INSC
This Part except sub-section (1) of section 40, sections 41 and 43
shall apply to every arbitration under any other enactment for the
time ... that other enactment or with any rules made
thereunder.”
12. Arbitration agreement is defined in Section 7 of the ACA as
an agreement to submit
ever raised during the arbitral proceedings. The paras 12 and 13
respectively read as follows: -
“12. The relevant part of the Hon’ble Supreme Court ... enact laws in relation to arbitration.
39. The M.P. Act of 1983 was made when the previous
Arbitration
statement of defense (SOD)
4
as specified in Sub Section 4 of Section 23 of Arbitration and Conciliation Act,
1996 (Amendment 2019) shall be reckoned ... Claimant.
6) My Disclosure under section 12 (1 b) as schedule VI of the Arbitration and
Conciliation Act 1996 (Amendment 2019) is enclosed for reference
appointment procedure in the arbitration agreement. Hence,
invocation of arbitration as provided in Section 21 , and the
subsequent failure of the respondent to appoint ... application, and also the law applicable to the arbitration
proceedings.
12. In this case, a Section 21 notice was undisputedly issued by
the appellant under
deposit in
terms of Section 19 of the A&C Act.
12. This is a case of statutory arbitration that is mandatory ... that it bars a party from moving the court of law under Section 9
Civil Appeal a/o. SLP (C) Diary No.3776/2023 Page
