proviso to Section 12(5) , where parties may,
-subsequent to disputes having arisen between
them-, waive the applicability of the proposed
Section 12 ... only applied Section 12(5) of
the Act to the facts of the case therein. Petitioner cannot claim ignorance of
Section 12
therefore, he is de jure ineligible to
proceed with the arbitration.
5. Section 12(1) of the Act is reproduced herein under:-
"12. Grounds ... this context, the necessity of disclosure envisaged in sub-
section (1) of Section 12 becomes important. Only when such a
disclosure is made, that
obligations that have
been cast upon it under the Arbitration Agreement read with
Section 12 of the Amended Act and is therefore, deemed to have ... obligations that have
been cast upon it under the Arbitration Agreement read with
Section 12 of the Amended Act as also the Judgment
obligations that have been cast upon it under
the Arbitration Agreement read with Section 12 of
the Amended Act and is therefore, deemed to have ... obligations that
have been cast upon it under the Arbitration Agreement read
with Section 12 of the Amended Act as also the Judgment
petitioner.
16. Section 12 of the Act deals with the grounds to challenge an
Arbitrator and not the Appointing Authority. Section 12 ... proviso
to Section 12(5) , where parties may, -subsequent to
disputes having arisen between them-, waive the
applicability of the proposed Section 12
Sole
Arbitrator in the form of an application under Section 12 read with Section
13 of the Act and upon rejection of the said application ... under the Arbitration & Conciliation Act, 1996 , as
amended by the Arbitration & Conciliation Amendment Act,
2015 . A perusal of Section 12(i) , more specifically
apprehension
of the petitioner can be guarded through recourse to Section 12 of
the Arbitration Act, if at all required. It would not be proper ... proviso
to Section 12(5), where parties may, -subsequent to
disputes having arisen between them-, waive the
applicability of the proposed Section 12
Sole
Arbitrator in the form of an application under Section 12 read with Section
13 of the Act and upon rejection of the said application ... under the Arbitration & Conciliation Act, 1996 , as
amended by the Arbitration & Conciliation Amendment Act,
2015 . A perusal of Section 12(i) , more specifically
made for the purposes of a claim in an arbitration.
He submits that Section 12(2) of the Commercial Courts Act states
that ... full effect to the „value of claim‟ in
an arbitration for purposes of Section 12(2) of the Commercial Courts
Act. It is settled principle
Sole
Arbitrator in the form of an application under Section 12 read with Section
13 of the Act and upon rejection of the said application ... under the Arbitration & Conciliation Act, 1996 , as
amended by the Arbitration & Conciliation Amendment Act,
2015 . A perusal of Section 12(i) , more specifically
