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
Section 7 of the Act defines "arbitration agreement" as under:
"7. Arbitration agreement.- (1) In this
Part, "arbitration agreement means ... arbitration clause. If the
Arbitration Clause provides that the
arbitration proceedings shall be conducted
only by a particular arbitrator otherwise there
shall be no arbitration
application under
Section 29A of the Act by the petitioner would, in fact, satisfy the
Proviso to Section 12 ... raised by resorting to
Signature Not Verified Section 12 , 13 or 15 of the Arbitration Act .
Digitally Signed By:SUNIL
Signing Date
been held as follows : (SCC p.
172, paras 12-13)
"12. It is a settled position that a court can
set aside the award ... observed as follows : (SCC p. 12, para 24)
„24. There is no dispute that Section 34 of
the Arbitration Act limits a challenge
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
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
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
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
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
Employment Agreement has an Arbitration Agreement
in the form of Clause 13.3 thereof, whereas the Shareholders
Agreement has an Arbitration Agreement between the parties ... learned Sole Arbitrator shall give
the disclosure in terms of Section 12 of the Arbitration and Conciliation
Act, 1996 before entering into the reference
