Section 12(5) read the Seventh Schedule; (ii) mandatory disclosure under
Sections 12(1) read with the Fifth Schedule; (iii) challenge procedures under
Sections ... Arbitration Act
34
Section 34(2)(a)(v) , Arbitration Act
35
Section 11(6) , Arbitration Act
36
N S Nayak and Sons v. State
provisions of Section 11(6)
read with Section 11(12)(a) of the Act; and
(d) In any case, the arbitration in the present matter ... 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
statutory scheme contained in Sections 12 to 14 of
the Act. These Sections read as under:-
“Sec. 12 Grounds for challenge.-
(1) When a person ... ground referred to
in this section or sub-section (3) of section 12 .”
12. Under Section 12 , it is clear that when a person
deals with the appointment of
arbitrator where applicability of Section 12(5) of the Arbitration and
Conciliation Act has not been waived off. Clause ... parties may waive of the applicability of sub- section
12(5) of Arbitration and Conciliation (Amendment) Act, 2015. If they
11
agree or such waiver
Section 12 read
with Seventh Schedule. Therefore, by operation of law and by amending
Section 12 and bringing on statute sub-section (5) of Section ... section (5) of Section 12 read
with Seventh Schedule to the Act and therefore the disqualification under
Sub-section (5) of Section 12 read with
directly involved in the matters in dispute in the arbitration.”
(emphasis supplied)
Section 12(5) read with the Seventh Schedule is a mandatory ... Sole Arbitrator is subject to the declarations
being made under Section 12 of the Arbitration and Conciliation Act, 1996 with
7
respect to independence
counsel for the respondent-Contractor
submitted that in view of Section 12 of the Arbitration and
Conciliation (Amendment) Act, 2015, if the arbitrator ... respondent was
right in filing arbitration petition approaching the High
Court under Section 11 and Section 15 of the
Arbitration Act, 1996 for appointment
section (5) of Section 12 by amendment
of Act, 2015 read with Seventh Schedule to the Act , Subsection
(5) of Section 12 read with ... section
(5) of Section 12 read with Seventh Schedule to the Act came to
be inserted. Subsection (5) of Section 12 read with Seventh
Section 12(5) of the Act.
Re: Conflict of the Arbitration Clause with Section 12(5) read with
paragraph 1 of the Seventh Schedule ... parties, subject to the
mandatory disclosures under the amended Section 12 of the Arbitration and
Conciliation Act, 1996.
……..……………………………….CJI.
[Dr Dhananjaya Y Chandrachud]
……………….………………………….J.
[Pamidighantam
validity of any ground referred
to in this section or sub-section (3) of section 12 .
15. Termination of mandate and substitution of arbitrator ... procedure breaks down,
while Section 11(8) reinforces independence and impartiality through
mandatory disclosures under Section 12(1) .
10.3. Section 12(5) renders persons having
