petitioner that invocation
of arbitration u/s 21 of the Arbitration Act is mandatory requirement
for initiating arbitration proceedings. Learned counsel has relied upon ... elicit my disclosure in terms of Sec 11
(8) read with Sec 12 (1) of Arbitration and
Conciliation Act, 1996 I hereby submit as
follows
clause.
7. Learned counsel for the petitioner further
submitted that Section 12 of the Arbitration and Conciliation
Page 6 of 36
Downloaded ... infact to bear in mind the provision
of Arbitration Act in which Section 12 read with schedule 5
and schedule 7 would clearly indicate that
Section 11(11) : Where more than one request has been
made under sub- section 4 or sub- section 5 or sub- section 6 to
different ... section shall alone be competent to decide on the
request.
4] Section 12(b) : Where the matters referred to in sub-
section
ARBITRATION AND IN PARTICULAR YOUR ABILITY TO FINISH
THE ENTIRE ARBITRATION WITHIN TWELVE MONTHS (LIST
OUT):"
THE SEVENTH SCHEDULE
[See section 12(5) ]
Arbitrator ... forward the necessary statement of disclosure under
Section 11(8) read with Section 12(1) of the Arbitration
Page 17 of 20
30th January
petitioner
and respondent. Section 12(5) of the 1996 Act, as amended (by way
of insertion) by Section 8 of the Arbitration and Conciliation
(Amendment ... Section 11(6) .
41. The High Court rejected the petition of PCC, preferred under
Section 11(6) , relying, for the purpose, on Section 12
Solitaire Marine And Offshore Pvt. Ltd vs M.V.Pristine Gv (Imo No. 9118422) And
courts. Sub-section (2)
of section 43 provides that for the purposes of section
43 and the Limitation Act, 1963 , an arbitration shall
be deemed ... writing from the prospective
arbitrator in terms of sub-section (1) of section 12 , and
have due regard to--
(a) any qualifications required
Section 12(1) of the Arbitration and Conciliation Act,
1996 (for short ' Arbitration Act ').
3. The respondent herein filed Commercial Arbitration Petition ... will apply and have
to be read with Sections 12(1) and 12(5) of the Arbitration Act. Learned
senior counsel fairly admitted that
declaration in terms of the Sixth
Schedule read with Section 12 (1) of the Arbitration and Conciliation Act
and the first sitting of the Arbitral ... section by an express agreement in writing."
12. Category 10 of the Seventh Schedule read with Section 12 (5) of the
Arbitration and Conciliation
agreement under the proviso to Sub-section (5) of Section 12 of the
Arbitration and Conciliation Act, 1996.
09. Appearing for the petitioner, Mr. Mohit ... Section 12(5) . The proviso to
Section 5 of Section 12 clearly postulates that waiver of the applicability of the
sub-section
