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 ... Arbitrator.
8. This order is passed subject to compliance of Section 12 of
the Arbitration and Conciliation Act, 1996.
9. The learned Arbitrator shall
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.
22. The learned Arbitrator shall
arbitration. The parties may waive the
applicability of Section 12(5) of the Arbitration and Conciliation Act, 1996. The
place of arbitration would be within ... petitioner.
As both the parties submit that applicability of Section 12(5) of the
Arbitration and Conciliation Act, 1996 has not been waived and agree
Arbitrator, in violation of the
provisions of Section 12(5) of the Arbitration and Conciliation
Act, 1996 and contrary to the statutory mandate of equal ... Section 33(1) , an application for
making an additional award under Section 33(4) and an
application for setting aside an award under Section
Conciliation and Arbitration
(SFCA), the mechanism provided under the clause failed, and this court under
Section 11(6) of the Arbitration and Conciliation ... 12. The legislature by amending the Act by way of the Arbitration and
Conciliation (Amendment Act ) 2015 and the insertion of Section
give its
consent and waive the applicability of Section 12(5) of the Arbitration and
Conciliation Act, 1996, so that a fresh arbitral tribunal comprising ... 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
company was no longer valid, upon interpretation of
Section 12(5) of the Arbitration and Conciliation Act, 1996 (hereinafter
refer to as 'the said ... between the parties. This appointment is subject to
compliance of Section 12 of the Arbitration and Conciliation Act, 1996.
The learned arbitrator shall
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
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
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
