Department itself as
an Arbitrator and waive off the objection under Section 12(5) of the
Act. The petitioner did not agree to the same ... made by the learned
counsel for the respondents. In terms of Section 12(5) of the Act, as
explained by the Supreme Court in Perkins
2019 & IA 1742/2019
1. This petition under Section 11 of the Arbitration and
Conciliation Act, 1996 (hereinafter referred ... terms of the Arbitration Agreement between the parties.
3. The Arbitrator had given a disclosure statement under Section
12(1)(b) read with Sixth Schedule
Reference should also be made to Section 12(5) of the Act, which reads
as under:
"12. Grounds for challenge.
xxxxx
(5) Notwithstanding ... Section 12(5) of the Act also provides that the parties may,
subsequent to disputes having arisen between them, waive the
applicability of Section 12
CHAWLA
ORDER
% 25.01.2023
1. This petition has been filed under Section 11 of the Arbitration and
Conciliation Act, 1996 (hereinafter referred ... shall also remain open in such arbitration proceeding.
12. The arbitrators shall give a disclosure in terms of Section 12 of the
Act before proceeding
present appeal has been filed under Section 37 of the
Arbitration and Conciliation Act, 1996 read with Section 13 of the
Commercial Courts ... present case would be covered by the proviso to Section
12(5) of the Arbitration and Conciliation Act, 1996, if at all it applies
called upon the petitioner to give a waiver under Proviso to Section
12(5) of the Act for appointment of an Arbitrator ... Arbitrator shall give the
disclosure under Section 12 of the Act before entering upon the
reference.
10. The arbitration proceedings shall be conducted under
called upon the petitioner to give a waiver under Proviso to Section
12(5) of the Act for appointment of an Arbitrator ... Arbitrator shall give the
disclosure under Section 12 of the Act before entering upon the
reference.
11. The arbitration proceedings shall be conducted under
Arbitrator.
2. The learned Arbitrator shall give a disclosure under Section 12 of the
Arbitration and Conciliation Act, 1996 (hereinafter referred ... filed in the present petition shall be treated as one filed under Section 17 of
the Act before the learned Sole Arbitrator. The petitioner shall
appointed by the
appellant and, therefore, in terms of Section 12 (5) of the Arbitration
and Conciliation Act, 1996 (in short ... submits that despite of the delay in filing an application
under Section 34 of the Act, the above being a jurisdictional defect,
the Award deserves
Sole
Arbitrator Sh. J.N. Yadav, District Judge
(Retd.) to preside over arbitration proceedings
titled ARBN/JN/STFC/298/2022 in the case
titled ... appointment of such Arbitrator is,
therefore, in violation of Section 12 of the Arbitration and
Conciliation Act, 1996.
3. The learned counsel for the respondent
