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
Furthermore, Section 12(5) of the Act is not absolute and the rights can be
waived off under the proviso to Section 12 ... note that
the proviso to Section 12(5) must be contrasted with Section 4
of the Act. Section 4 deals with cases of deemed waiver
section (5) of Section 12 by an
express agreement in writing. For this reason, the
argument based on the analogy of Section ... correct when it applies Section 4 , Section 7 , Section
12(4) , Section 13(2) , and Section 16(2) of the Act to
Signature Not Verified
section (5) of Section 12 by an
express agreement in writing. For this reason, the
argument based on the analogy of Section ... correct when it applies Section 4 , Section 7 , Section
12(4) , Section 13(2) , and Section 16(2) of the Act to
Signature Not Verified
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
parties may waive off the applicability of Sub-
Section 12(5) of Arbitration and Conciliation (Amendment) Act 2015,
if they agree for such waiver ... Arbitrator:
64.(3)(a) : Appointment of Arbitrator where applicability of section
12 (5) of Arbitration and Conciliation Act has been waived
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
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
Schedule V read with Explanation
1 to Section 12 (1) and Schedule VII read with Section 12
(5) . Accordingly, a person who is an officer ... Signing Date:21.05.2025
12:15:28 12:14:48
instrument by the referral court at the Section 8 or Section
11 stage. The process
