clause.
7. Learned counsel for the petitioner further
submitted that Section 12 of the Arbitration and Conciliation
Page 6 of 36
Downloaded ... infact to bear in mind the provision
of Arbitration Act in which Section 12 read with schedule 5
and schedule 7 would clearly indicate that
ARBITRATION AND IN PARTICULAR YOUR ABILITY TO FINISH
THE ENTIRE ARBITRATION WITHIN TWELVE MONTHS (LIST
OUT):"
THE SEVENTH SCHEDULE
[See section 12(5) ]
Arbitrator ... forward the necessary statement of disclosure under
Section 11(8) read with Section 12(1) of the Arbitration
Page 17 of 20
30th January
courts. Sub-section (2)
of section 43 provides that for the purposes of section
43 and the Limitation Act, 1963 , an arbitration shall
be deemed ... writing from the prospective
arbitrator in terms of sub-section (1) of section 12 , and
have due regard to--
(a) any qualifications required
declaration in terms of the Sixth
Schedule read with Section 12 (1) of the Arbitration and Conciliation Act
and the first sitting of the Arbitral ... section by an express agreement in writing."
12. Category 10 of the Seventh Schedule read with Section 12 (5) of the
Arbitration and Conciliation
agreement under the proviso to Sub-section (5) of Section 12 of the
Arbitration and Conciliation Act, 1996.
09. Appearing for the petitioner, Mr. Mohit ... Section 12(5) . The proviso to
Section 5 of Section 12 clearly postulates that waiver of the applicability of the
sub-section
defendant No.2 not disposed off two application filed
under Section 12 of Arbitration and Conciliation Act, 1996;
it is incorrect to state that defendant ... favoritism favoring
defendant No.1. Therefore, he filed applications under
Section 12 of Arbitration and Conciliation Act, 1996 seeking
a declaration by the Arbitrator disclosing
ineligible to act as an arbitrator in terms of
Sections 12(1)(b) and 12 (5) of the Act. Ld. Sole Arbitrator had
also ... construed Section
12(5) of the Act (as amended) and also the Seventh Schedule to the Act and
has held that under Section 12
mandated by Section 12
of the Act and as such, the petitioner was deprived of the opportunity
under Section 12 read with Section ... section
21 of the Arbitration & Conciliation Act, 1996, invoking the arbitration
clause is invalid.
22. Hence, in view of clear proposition of Section 12
appointment or was hit by Seventh Schedule r/w
Section 12 Clause 5 of Arbitration ... Conciliation Act . It is submitted that a
letter/application U/s 12 of Arbitration & Conciliation Act dated 07.04.2016 was
written by Shri Deepak Kohli
correct
when it applies Section 4 , Section 7 , Section 12(4) ,
Section 13(2) and Section 16(2) of the Act to the facts ... objections under Section 12 (1) read with
Section 13 of the Act are different from objections under Section
12(5) read with Section
