there
were major changes made in Section 12 of the said Act.
Section 12 of the Arbitration Act mentions about the grounds
Page ... Section 12 . Therefore, according to me, the
claimant at the stage of Section 34 is bared from taking up a
ground under Section 12
under Section 12(5) of the 1996 Act through conduct, is now well
settled. Any waiver of the disqualification contemplated under Section
12 ... section (5) of Section 12
by an express agreement in writing. For this reason, the
argument based on the analogy of Section
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
appointment of the arbitrator is hit by virtue of Section 12(5) of the
Arbitration and Conciliation Act and in this regard, relies upon ... arbitrator by the respondent is hit by section 12 (5) of
the Arbitration and Conciliation Act, 1996 and therefore, a new arbitrator
should be appointed
Arbitrator:
64.(3)(a) : Appointment of Arbitrator where applicability of
section 12 (5) of Arbitration and Conciliation Act has been
waived ... made it conditional on the petitioner waiving Sections 12(5) and
31(5) of the Arbitration and Conciliation Act. The petitioner, by letter
dated
that once there was a notice invoking arbitration, the
arbitration proceedings stood commenced in terms of section 21 of the
1996 Act and any amendments ... Arbitrators under section
12(5) of the 1996 Act.
34. Before delving into the settled law with regards to section 12
writing as per Appendix XIX towards
waiver of Section 12(5) of the Arbitration and Conciliation Act,
1996 along with the notice for appointment ... ground that justifiable doubts have arisen under sub-section
(3) of Section 12 subject to the caveat entered by sub-section
(4) of Section 12
said Award is in contravention
to the provisions of Section 12(5) Arbitration and Conciliation Act,
This is a digitally signed order.
The authenticity ... learned Arbitrator is requested to furnish a declaration
in terms of Section 12 of the 1996 Act prior to entering into
the reference
given
any declaration as provided under section 12 of Arbitration and
Conciliation Act, 1996. Additionally, there is no notice under section
21 of Arbitration ... respondent No. 2. Additionally, a copy of
the declaration under section 12 of the Arbitration and Conciliation
This is a digitally signed order.
The authenticity
arbitration will be held under the aegis and rules of the
Delhi International Arbitration Centre, Delhi High Court, Sher
Shah Road, New Delhi (hereinafter, referred ... Arbitrators are requested to furnish a declaration in
terms of Section 12 of Arbitration and Conciliation Act, 1996
prior to entering into the reference
