Section 12 of the Act, 1996?
ii. Whether the parties could be said to have waived the applicability
of sub-section (5) of Section 12 ... that,
Section 12 was amended with the objective of ensuring independence
and impartiality of arbitrators. By virtue of sub-section (5) of Section
12
documents.
12
other requirements stipulated in the Section 7 of the Arbitration Act.
Sections 12 to 18 of the Contract Act state when a person ... void
and not legally valid.
12. Sub-section (1) to Section 7 ordains that the arbitration agreement
should be in respect of disputes arising from
concerned, sub-section (8) of Section 11 was substituted for the earlier
Section 11(8) 1 , sub-section (1) of Section 12 was substituted ... earlier Section 12(1) 2 and a new Section 12(5) 3 was added after
Section 12(4) . The opening lines of Section
period of 12 months’ from the date of completion of
pleadings, as provided by sub-section (4) of Section 23 . Section 29A(4)
provides that ... extending Section 17 of the Limitation Act to Section 34 would
do violence to the scheme of the Arbitration Act . As discussed above, Section
Moulton L.JJ.,
"the Court has no jurisdiction under Section 12 of the
Arbitration Act, 1889 which provides for the enforcement of an
award ... notice is not a method of enforcing an award
within Section 12 of the Arbitration Act, 1889."
e) Section
filed Arbitration Petition No. 16 of 2020 and Arbitration
Petition No. 17 of 2020 under Section 11(6) read with Section
11(12 ... arbitration between the Parties falls within
the ambit of ‘international commercial arbitration’ as defined under
Section 2(1)(f) of the Act.
CONTENTIONS
12
this
section or sub-section (3) of section 12 .”
14
16. In the present case Clause 56 of the GCC provides for arbitration ... section
(5) of Section 12 and the other party cannot insist on
appointment of the arbitrator in terms of the arbitration
agreement.”
29
21. Except
Arbitration Act, whereas in cases falling under Section 11(2)
read with Section 11(6) of the Arbitration Act, so long the
appointment is made ... under Section 11(6) but such remedy lies
elsewhere and under different provisions of the Arbitration Act
( Sections 12 and 13 ), the context in which
Arbitration petitions filed by the petitioner under Section
11(6) read with Section 11(12) of the Arbitration and Conciliation Act, 1996
(hereinafter referred ... Section 11 (6-A) deals with
“existence”, as opposed to Section 8 , Section 16 and
Section 45 , which deal with “validity” of an arbitration
agreement
whereby a number of sections including
section 36 , were deleted and various provisions, including
sections 5 , 7 to 12 and 22 , were substituted ... date of notification
under Section 52 or under sub-section (1) of Section 6 and
that the provisions of Sections 7 to II shall mutatis
