Execution Court under
Section 47 CPC.
II. Objective behind inclusion of Section 12 (5) and Schedule 7in
the Arbitration and Conciliation ... Section 5 of Section 12 read with 7th Schedule
to the Act and therefore the disqualification under Sub- Section 5 of Section
12 read with
Execution Court under Section 47 CPC 5
3.2 Objective behind inclusion of Section 12 (5) and Schedule 7 in the Arbitration and Conciliation ... Execution Court under
Section 47 CPC.
II. Objective behind inclusion of Section 12 (5) and Schedule 7in
the Arbitration and Conciliation
application of Section 12 after the amendment to
Section 12 . It is submitted that, Section 21 of the Act clearly provides that
arbitration proceedings ... falling under Section 12 read with Fifth and Seventh
Schedule would become applicable.
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conflict post- appointment.
II.A. b. Waiving the Disqualification - section 12(5) :
18. Section 12 (5) nullifies any agreement made between the parties before ... appointment of the arbitrator
is also contrary to section 12(4) of the Act. Under section 12(4) , a party may
challenge an arbitrator
reliance on section 87
inserted by Arbitration & Conciliation (Amendment) Act, 2019 and
would submit that in view of section 87, section 12(5) would ... ground at this stage under section 34
of the Arbitration Act.
15. Insofar as the provisions of section 12(1)(a) of the
Arbitration
application of Section 12 after the amendment to
Section 12 . It is submitted that, Section 21 of the Act clearly provides that
arbitration proceedings ... falling under Section 12 read with Fifth and Seventh
Schedule would become applicable.
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section (5) of Section 12 read with Seventh Schedule to the Act and therefore the disqualification under sub-section (5) of Section 12 read with ... eventuality i.e. when the arbitration clause finds foul with the amended provisions [sub-section (5) of Section 12 read with Seventh Schedule] the appointment
provisions of Sub-section (5), would not prevail upon Sub-
section (5) of Section 12 ; rather, the provisions, embodied in
Sub-section (5), will override ... arbitration proceeding, which had already
commenced; or else, all the arbitration proceedings, pending
on 23.10.2015, when Sub-section (5) of Section 12 of the
Arbitration
defendant No.1 nor complied in view of Sec.12 of the Arbitration
and Conciliation Act, since the sole arbitrator has not disclosed in
writing ... ineligible. Thus this court drawn its attention on Sec.12 of the
Arbitration and Conciliation Act which reads like this;
12. Grounds for challenge
Arbitration and Conciliation Act, 1996 by way of Arbitration
and Conciliation (Amendment) Act, 2015 w.e.f. 23.10.2015.
10. Section 12(5) was introduced ... section (5) of
Section 12 and the other party cannot insist on appointment of the
arbitrator in terms of arbitration agreement.
13.While highlighting
