eligible
for appointment of an Arbitrator in view of Section 12(5)
of the Arbitration & Conciliation Act, 1996. Though no
objection was raised ... eligible for appointment of arbitrator in
view of provision of Section 12(5) of Arbitration &
Conciliation Act. Hence, it is found that the
appointment
Sole Arbitrator is not competent in terms of Section
12(5) of Arbitration and Conciliation Act, 1996 and hence passed
the impugned Award, which ... dispute arose.
(xi) The appointment of the Sole Arbitrator violates Section 12 of
the Arbitration and Conciliation Act, as the same arbitrator was
appointed
12 of 29
Digitally signed
by Pitamber
Pitamber Dutt
Dutt Date:
2025.05.03
15:33:05 +0530
26. Section 12 of the Arbitration & Conciliation ... legal proposition
laid down in Section 12 (5) of the Act, which reads as
under:-
SEVENTH SCHEDULE
[Refer section 12 (5) ]
Arbitrator's relationship
section (5) of
Section 12 read with Seventh Schedule, all of
them have become ineligible to become
arbitrators and to continue as arbitrators.
Section 12 ... section (5) of Section 12 read
with Seventh Schedule. Therefore, by operation
of law and by amending Section 12 and
bringing on statute sub section
Sole Arbitrator is not competent in terms of Section
12(5) of Arbitration and Conciliation Act, 1996 and hence passed
the impugned Award, which ... dispute arose.
(x) The appointment of the Sole Arbitrator violates Section 12 of
the Arbitration and Conciliation Act, as the same arbitrator was
appointed
proceedings did not follow the guidelines as
provided under section 12(2) of the Arbitration Act.
vi. Ld. Sole Arbitrator passed the award has been ... Arbitrator. Ld. Arbitrator did not make any
disclosure under Section 12 of Arbitration and Conciliation Act.
Ld. counsel submitted that all such defects were incurable
Sole Arbitrator is not competent in terms of Section
12(5) of Arbitration and Conciliation Act, 1996 and hence passed
the impugned Award, which ... dispute arose.
(x) The appointment of the Sole Arbitrator violates Section 12 of
the Arbitration and Conciliation Act, as the same arbitrator was
appointed
present application has been
filed under Section 11(6) read with Section 11(12)(a) of the Arbitration and
Conciliation Act, 1996 seeking appointment ... reasons stated above, Arbitration Petition No. 65 of 2023
filed under Section 11(6) read with Section 11(12
stipulation
provided in the arbitration clause. If any arbitration
clause runs contrary to the mandate provided in Section
12 ... computing the periods prescribed under Sections
23(4) and 29-A of the Arbitration and Conciliation Act,
1996, Section 12-A of the Commercial Courts
Disclosure under Section 12(1) 160
Analysis 177
(ii) Plea of violation of Principles of Natural 193
Justice and Bias - violation of Section ... both the applications
under Section 34 of the Arbitration Act' 1996, viz.
Arbitration Petition No. 23 of 2023 and Arbitration
Petition
