tenable.
B. Giving of a false Declaration under Section 12(5) of the Arbitration
& Conciliation Act, 1996 by the Arbitrator, as he failed ... learned Arbitrator making the necessary
disclosure as required under Section 12(1) of the Arbitration & Conciliation
Act, 1996 and not being ineligible under Section
petitioner had not received the
mandatory declaration under Section 12(1) of the Arbitration and
Conciliation Act, 1996 from the Arbitrator. The Arbitrator then sent ... submitted that in the Declaration dated 10.07.2017 under Section
12 of the Arbitration and Conciliation Act, 1996, the learned Arbitrator had
admitted that he would
valid Arbitration Clause in the Lease Deed dated 18th
January, 2016. Given the limited scope of examination under Section 11 of
the Arbitration & Conciliation ... learned Arbitrator making the necessary
disclosure as required under Section 12(1) of the Arbitration & Conciliation
Act and not being ineligible under Section 12
ensure
the impartiality of arbitrators. To accomplish this, sub-section (5) of Section
12 states that notwithstanding any prior Agreement to the contrary, any
person ... held that not applying Section 12(5) of the
Arbitration (Amendment) Act, 2015 is unjust and against principles of
natural justice. It went
respondent No.1, clearly provided that
Arbitration and Conciliation Act, 1996 shall not be applicable to the
arbitration under this Clause. On the other hand ... learned Arbitrator making the necessary
disclosure as required under Section 12(1) of the Arbitration & Conciliation
Act and not being ineligible under Section 12
valid Arbitration Clause in the Agreement dated 10 th
March, 2005. Given the limited scope of examination under Section
11 of the Arbitration & Conciliation ... learned Arbitrator making the necessary
disclosure as required under Section 12(1) of the Arbitration &
Conciliation Act and not being ineligible under Section 12
ORAL)
1. A petition under Section 11 of the Arbitration & Conciliation Act,
1996 read with section 151 CPC has been filed on behalf ... learned Arbitrator making the necessary
disclosure as required under Section 12(1) of the Arbitration & Conciliation
Act and not being ineligible under Section 12
terms of the Arbitration Agreement. Shri Shahzad Shah,
the Co-Arbitrator has furnished an incorrect declaration under Section 12 ... outcome of the arbitration proceedings. The Company,
therefore, acting through its Board of Directors would suffer the ineligibility
under Section 12(5) read with Schedule
Section
12(5) of the Act. Once, an infrastructure collapses, the superstructure is
Signature Not Verified ARB.P. 18/2020 & Connected matters Page 12 ... outcome of the arbitration proceedings. The Company,
therefore, acting through its Board of Directors would suffer the ineligibility
under Section 12(5) read with Schedule
ground referred to in this
section or sub-section(3) of section 12 ."
21. Section 14(1) states that the mandate of the Arbitrator ... affect his ability to devote sufficient time to arbitration.
24. Sub- Section 5 of Section 12 of A&C Act, 1996 further provides that
