Section 12 (5) of the Act is not waived off and reads
as under:
"2905(b): Appointment of Arbitrator where applicability of
Section 12 ... applicability of Section 12
(5) of the Act. The respondents, vide reply dated 02.11.2018, had
refused the waiver of Section 12
applicant for waiver of the applicability of Section
12(5) of the Arbitration Act, but no response to the said notice was received.
Learned counsel ... subject to submission of declaration by the
Arbitrator in terms of Section 12(1) in the form prescribed in the Sixth
Schedule
proposed Arbitrator in terms of Section 12(1) in the form
prescribed in the Sixth Schedule of the Arbitration and Conciliation Act,
1996 before ... submission of declaration by the proposed Arbitrator in terms of Section
2
12(1) in the form prescribed in the Sixth Schedule
declaration in terms of Section 12(1) in the form prescribed in
the Sixth Schedule of the Arbitration and Conciliation Act, 1996 before the
Registrar ... subject to submission of declaration by the Arbitrator in terms of Section 12(1)
in the form prescribed in the Sixth Schedule
terms of Section 12(1) in the
form prescribed in the Sixth Schedule of the Arbitration and Conciliation Act,
1996 before the Registrar, Original Side ... subject to
submission of declaration by the Arbitrator in terms of Section 12(1) in the
form prescribed in the Sixth Schedule
there
exists an arbitration agreement, the Court is under obligation to refer
the parties to arbitration in terms of the arbitration agreement.
9. Having regard ... arbitrator is subject to obtaining his consent in
terms of Section 12(1) in the form prescribed in Schedule
venue of the arbitration shall be Kolkata. There is no
other clause in the arbitration agreement providing for the seat of
arbitration specifically ... declaration in terms of Section 12(1) of the Act in the form
prescribed in Schedule VI of the Act be obtained.
15. List
venue of the arbitration shall be Kolkata. There is no
other clause in the arbitration agreement providing for the seat of
arbitration specifically ... declaration in terms of Section 12(1) of the Act in the form
prescribed in Schedule VI of the Act be obtained.
15. List
venue of the arbitration shall be Kolkata. There is no
other clause in the arbitration agreement providing for the seat of
arbitration specifically ... declaration in terms of Section 12(1) of the Act in the form
prescribed in Schedule VI of the Act be obtained.
15. List
venue of the arbitration shall be Kolkata. There is no
other clause in the arbitration agreement providing for the seat of
arbitration specifically ... declaration in terms of Section 12(1) of the Act in the form
prescribed in Schedule VI of the Act be obtained.
15. List