SeaSpray Arbitration, wherein
they had taken a view with respect to interpretation of Clause 62, is in the
teeth of Section 12 read with Entry ... disclosure is also mandatory under
the Maritime Arbitration Rules, 2012, which incorporate a provision similar
to Section 12(2) of 1996 Act i.e., duty
learned Arbitrator did not give disclosure as required under Section 12 of
Arbitration and Conciliation Act, 1996 ('1996 Act').
2. From the petition
application under Section 12 on 22.07.2022, challenging the
mandate of the Presiding Arbitrator. On 07.11.2022, Tribunal
dismissed the application under Section 12 ... provisions of Section 5 of the Arbitration Act. It is also relevant to
observe that Section 2(3) of the Arbitration Act remains
forced to choose from, would fall foul of the
proscription under Section 12(5) of the 1996 Act. In Sri Ganesh
Engineering Works v. Northen ... application was filed under Section 12 before the Arbitrator for
termination of the mandate and/or before this Court under Section
mandate of valid arbitration agreement
contained in Section 8 into the mandate of Section 11 , that is, "existence of
an arbitration agreement ... relatable to by substitution of sub-
sections (12), (13) and (14) of Section 11 of the Arbitration Act by Act
33 of 2019, which, vide
Commission
recommended the following:
'Amendment of Section 20
12. In Section 20 , delete the word "place" and add the words
"seat ... arbitration process. It was observed that:
'this follows from the express terms of the Arbitration Act, 1996
and, in particular, the provisions of Section
amendment of Section 12(1) of the 1996 Act since the amendment came into
force by Section 8(i) of the Arbitration and Conciliation (Amendment ... prior to introduction of Section 12(5) of the
1996 Act, Arbitrators could not be unilaterally appointed and any arbitration
by a unilaterally appointed Arbitrator
neutrality of arbitrators. In order to
achieve this, sub-section (5) of Section 12 lays down that notwithstanding
any prior agreement to the contrary ... section (5) of Section 12 and the other party cannot insist on
appointment of the arbitrator in terms of the arbitration agreement
terminated being a unilateral appointment in the teeth of Section 12 of 1996
Act and judgments of the Supreme Court in Perkins Eastman Architects ... invoking arbitration
finds the other unresponsive, it must approach the Court under Section 11(5)
or (6) for appointment of the Arbitrator.
12
scrutiny at the stage of Section 11
solely to the prima facie determination of the existence of an arbitration
agreement.
20. As observed in Krish ... Schedule of 1996 Act.
10. Learned Arbitrator shall give disclosure under Section 12 of the 1996
Act before entering upon reference.
11. It is made
