this Act, except Sub-section (1) of Section 6 and Sections 7 , 12 , 36 and 37 , shall apply to every arbitration under any other enactment ... section (1) of Section 6 and Sections 7 , 12 , 36 and 37 of the Act. We are concerned with the provisions contained in Section
utter violation of the provisions embodied
in Sections 12(1) and 12(2) of the Arbitration Act' 1996
and a request had been made ... challenged only on the ground
mentioned in sub-section (1) (a) of Section 12 and
Section 13(2) provides that a party who intends
amended section 12 of the Act of 1996 would apply
in the present case or unamended section 12 of the Act of
1996 would continue ... circumstances referred to in sub
section (1) unless they have already been informed earlier.
Subsection(3) of section 12 provided that an arbitrator
clause.
7. Learned counsel for the petitioner further
submitted that Section 12 of the Arbitration and Conciliation
Page 6 of 36
Downloaded ... infact to bear in mind the provision
of Arbitration Act in which Section 12 read with schedule 5
and schedule 7 would clearly indicate that
provisions of Section 7 of
the Arbitration Act, which read as under:
7. Arbitration
agreement
(1)
In this part, arbitration agreement means an agreement ... background, it would be pertinent to refer to provisions of
Section 12 of the Arbitration Act, which are reproduced hereinbelow:
12.
Grounds for challenge
Arbitration Act, 1996
or its predecessor, the Arbitration Act, 1940 . This would be
clear from the perusal of Sections 11, 12 ... Arbitration Tribunal Act, 1992. Under Section 11 , the Tribunal
has power to review its own award. Under Section 12 , the
High Court has powers
courts. Sub-section (2)
of section 43 provides that for the purposes of section
43 and the Limitation Act, 1963 , an arbitration shall
be deemed ... writing from the prospective
arbitrator in terms of sub-section (1) of section 12 , and
have due regard to--
(a) any qualifications required
place for
conducting arbitration proceedings in turn fixes the seat of
arbitration. Whereas sub-section(1) of Section 20 of the
Arbitration ... arbitration was pursuant to an arbitration agreement referred
to in sub-section(1) of Section 7 of the Arbitration Act' 1996.
With the language
disqualified in view of
the provisions of sub-section (5) of section
12 of the Arbitration Act which provides that
if the relationship ... Arbitration
Act, which defines "party" means a party to
an arbitration agreement. Reference was also
made to section 8 of the Arbitration
absence of any provisions to the
likes of Section 12(5) of the Arbitration Act. Hence, there was no
impediment in allowing the principle ... under Section 11(6) but such remedy lies elsewhere
and under different provisions of the Arbitration Act
( Sections 12 and 13 ), the context in which
