therefore, he is de jure ineligible to
proceed with the arbitration.
5. Section 12(1) of the Act is reproduced herein under:-
"12. Grounds ... this context, the necessity of disclosure envisaged in sub-
section (1) of Section 12 becomes important. Only when such a
disclosure is made, that
Court under section 82 of the Arbitration and Conciliation Act, 1996 does not make any mention about such application under sections 12 ... arbitrator under section 5 . In my opinion, the scheme evolved by sections 12 , 13 & 16 of the Arbitration and Conciliation Act, 1996 is totally
petitioners filed an Application under
Section 12 of the Arbitration and Conciliation Act, 1996 objecting to
the appointment of the learned Arbitrator on the following ... arbitrator. A reference is also made to sub-section (5)
of Section 12 which provides that notwithstanding any prior agreement
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this Sub-Section by any express
agreement in writing and, therefore, in the light of the amendment
in Section 12 of the Arbitration and Conciliation ... proviso appended to
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sub- Section 5 of the Section 12 of the Arbitration and
Conciliation Act, 1996 no express agreement has been entered
into
open to the petitioner to raise its pleas in
arbitration under Sections 12 and 13 before the Arbitral
Tribunal.
8. Accordingly, I find no merit ... Section 12(1) and Section 12(5) of the Act (as
amended) are relevant and read as under:-
"12. Grounds for challenge.-(1) When
failed to perform the duty cast on him by Section 12 of the Arbitration & Conciliation Act and therefore the awards made by the Arbitral ... failed to discharge a statutory duty imposed on him by Section 12 of the Arbitration & Conciliation Act. It is submitted on behalf
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Arbitration Act against the Petitioners on 10 December 2012.
(Arbitration Petition No. 175 of 2013). The Court has passed
the order in Section ... Arbitration Act. It is relevant to note that as per
Section 12 of the Arbitration Act when a person is approached
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Section 12 has been amended substantially; Section
12(1) of the Act has been modified and Section 12(5) has been introduced.
27. Section 12 ... devote sufficient time to arbitration [ Section 12(1)(b) ].
Explanations 1 and 2 have also been introduced to Section 12(1) of the
Act. Explanation
section (3) of Section 14 provides that, if under Section 14 or Section 13(3) , an arbitrator withdraws from his office, or if a party ... validity of any ground referred to in Section 14 or Section 12(3) . Sub-section (3) of Section 14 has obviously been inserted to ensure
waiver of the applicability
of the provision contained in Section 12(5) of Arbitration and Conciliation
Act, 1996. As the petitioner wants an independent Arbitrator ... waiving off the applicability of Section 12 (5) of the Arbitration and
Conciliation Act, 1996, which means they agree that disputes have arisen
which need
