genuinely independent and
impartial arbitral process.
74. Under Sections 12(1) and 12(5) , the Arbitration Act recognises
certain mandatory standards of independent and impartial ... between the parties. This
appointment is subject to compliance of Section 12 of the Arbitration and
Conciliation Act, 1996. The learned Arbitrator shall
petitioner to agree to a waiver
clause under Section 12(5) and 31A(5) of the Arbitration and Conciliation Act,
1996 (hereinafter referred ... parties.
The learned Arbitrator shall comply with the provisions of Section 12
of the Arbitration and Conciliation Act, 1996. The learned Arbitrator shall
Appointment of Arbitrator where
applicability of section 12 (5) of Arbitration and
Conciliation Act has been waived off:
64.(3)(a)(i): In cases where ... 12
considering an application under sub-section (4) or sub-section (5) or
sub-section (6), the Supreme Court or the High Court
12, 2024 to seek additional prayers against KDMC. The Section
8 Application had not been adjudicated until then.
Impugned Order:
7. Eventually, when the Section ... existence of the arbitration agreement, and whether the
subject matter of Suit 188 was covered by the arbitration agreement.
12. Section
2025 By:PURUSHAINDRA
Page 3 of 7
12:51:52 KUMAR KAURAV
between Arbitration Agreements under the Arbitration & Conciliation
Act, 1996 & the Indian ... furnishing to the parties the requisite disclosures as required under
Section 12 of the Arbitration and Conciliation Act.
11. The Sole Arbitrator shall be entitled
independence or impartiality of the said
Arbitrator.
12. Section 12(5) of the Arbitration and Conciliation Act, 1996 makes it clear
that any person, whose ... ineligible to be appointed as an Arbitrator. Though Section 12(5)
of the Arbitration and Conciliation Act, 1996 deals with Seventh Schedule, the
decision rendered
approached this Court under Section 11(6) of the Arbitration & Conciliation
Act, 1996 (as amended) read with Section 12 thereof, for appointment ... does not suffer from any
ineligibility as prescribed under Section 12(1) read with Section 12(5) of the
Amended Act. Moreover, petitioner
respondent.
Page No.# 2/12
2] This is an application under Section 11(6) of the Arbitration and
Conciliation Act, 1996 filed by the petitioner ... furnishing of
Page No.# 12/12
written declaration as required under Section 12 (1)(b) of the Arbitration and
Conciliation Act, 1996. A copy
12, 2024 to seek additional prayers against KDMC. The Section
8 Application had not been adjudicated until then.
Impugned Order:
7. Eventually, when the Section ... existence of the arbitration agreement, and whether the
subject matter of Suit 188 was covered by the arbitration agreement.
12. Section
healthy arbitration environment and conducive
arbitration culture in the country."
4. The argument that Sub- section 5 of Section 12 read with
Seventh Schedule ... Subsection (5) of
Section 12 read with Seventh Schedule to the Act and
.
therefore the disqualification under Subsection (5) of Section
12 read with Seventh
