under 5th and 7th schedules read with
Section 12 of the Act. Explanation 1 to Section 12 (1) (a) states that
ground under ... that Section 12(2) provides for an arbitrator to disclose to the
parties in writing, without delay, any circumstance referred to in Section 12
never objected to, and they actively participated in the arbitration
proceedings, including after Section 12(5) of the Arbitration Act was
introduced prohibiting unilateral appointments ... party autonomy allows for freedom in forming arbitration
agreements, it is not absolute; mandatory provisions like Sections
12(5) and 18 impose non-derogable obligations
genuinely independent
and impartial arbitral process.
74. Under Sections 12(1) and 12(5) , the Arbitration Act recognises
certain mandatory standards of independent and impartial ... between the parties. This appointment is subject to
compliance of Section 12 of the Arbitration and Conciliation Act, 1996.
The learned Arbitrator shall
correct when it applies
Section 4 , Section 7 , Section 12(4) , Section 13(2) , and Section 16(2) of
the Act to the facts ... genuinely independent and impartial
arbitral process.
74. Under Sections 12(1) and 12(5) , the Arbitration Act recognises
certain mandatory standards of independent and impartial
context of
Section 12(1)(a) , Explanation 1 in the present case. For a proper
adjudication of the matter, Section 12 ... section (1) and not sub-section (5),
clearly shows that, as opposed to Section 12(1) , read with the Fifth
Schedule, Section 12(5) read
context of
Section 12(1)(a) , Explanation 1 in the present case. For a proper
adjudication of the matter, Section 12 ... section (1) and not sub-section (5),
clearly shows that, as opposed to Section 12(1) , read with the Fifth
Schedule, Section 12(5) read
independence, impartiality and equality of parties.
13. Section 12(5) of the Act, introduced by the Arbitration and Conciliation
(Amendment) Act, 2015 with ... party autonomy allows for freedom in forming arbitration
agreements, it is not absolute; mandatory provisions like Sections
12(5) and 18 impose non-derogable obligations
independence,
impartiality and equality of parties.
12. Section 12(5) of the Act, introduced by the Arbitration and Conciliation
(Amendment) Act, 2015 with ... party autonomy allows for freedom in forming arbitration
agreements, it is not absolute; mandatory provisions like Sections
12(5) and 18 impose non-derogable obligations
independence,
impartiality and equality of parties.
12. Section 12(5) of the Act, introduced by the Arbitration and Conciliation
(Amendment) Act, 2015 with ... party autonomy allows for freedom in forming arbitration
agreements, it is not absolute; mandatory provisions like Sections
12(5) and 18 impose non-derogable obligations
independence,
impartiality and equality of parties.
12. Section 12(5) of the Act, introduced by the Arbitration and Conciliation
(Amendment) Act, 2015 with ... party autonomy allows for freedom in forming arbitration
agreements, it is not absolute; mandatory provisions like Sections
12(5) and 18 impose non-derogable obligations
