application of Section 12 after the amendment to
Section 12 . It is submitted that, Section 21 of the Act clearly provides that
arbitration proceedings ... falling under Section 12 read with Fifth and Seventh
Schedule would become applicable.
::: Uploaded on - 12/12/2019 ::: Downloaded on - 14/12/2019
reliance on section 87
inserted by Arbitration & Conciliation (Amendment) Act, 2019 and
would submit that in view of section 87, section 12(5) would ... ground at this stage under section 34
of the Arbitration Act.
15. Insofar as the provisions of section 12(1)(a) of the
Arbitration
application of Section 12 after the amendment to
Section 12 . It is submitted that, Section 21 of the Act clearly provides that
arbitration proceedings ... falling under Section 12 read with Fifth and Seventh
Schedule would become applicable.
::: Uploaded on - 12/12/2019 ::: Downloaded on - 14/12/2019
respondent.
13. Learned senior counsel strongly placed reliance on section 12(5)
of the Arbitration Act and also explanation (2) of the Seventh Schedule ... corporate veil of the respondent while
considering the effect of Section 12 of the Arbitration Act.
49. In so far as the submission
provisions of Section 11(6)
read with Section 11(12)(a) of the Act; and
(d) In any case, the arbitration in the present matter ... under Section 11(6) but
such remedy lies elsewhere and under different
provisions of the Arbitration Act ( Sections 12 and 13 ),
the context in which
deals with the appointment of
arbitrator where applicability of Section 12(5) of the Arbitration and
Conciliation Act has not been waived off. Clause ... parties may waive of the applicability of sub- section
12(5) of Arbitration and Conciliation (Amendment) Act, 2015. If they
11
agree or such waiver
counsel for the respondent-Contractor
submitted that in view of Section 12 of the Arbitration and
Conciliation (Amendment) Act, 2015, if the arbitrator ... respondent was
right in filing arbitration petition approaching the High
Court under Section 11 and Section 15 of the
Arbitration Act, 1996 for appointment
petitioners filed an Application under
Section 12 of the Arbitration and Conciliation Act, 1996 objecting to
the appointment of the learned Arbitrator on the following ... arbitrator. A reference is also made to sub-section (5)
of Section 12 which provides that notwithstanding any prior agreement
10 of 21
::: Uploaded
Arbitrator filed a statement of disclosure under Section
11(8) read with Section 12(1) of the Arbitration Act before this Court,
which was taken ... filed his statement of disclosure under Section 11(8) read with Section
12(1) of the Arbitration Act, which was taken on record.
::: Uploaded
provisions of Section 12 read with Section 13(5) of the said Act. The
reason that was upheld in the proceedings under Section ... enactment of Section 12(1) of the said Act. The words "from the time of
his appointment" in Section 12(2) are distinct
