Arbitration Act was in
pursuance of arbitration agreement, referred to in Sub-Section (1) of
Section 7 of Arbitration and Conciliation Act, 1996.
Section ... such arbitration was in pursuance of arbitration
agreement referred to Sub-Section (1) of Section 7 of the Arbitration Act,
1996, and as a corollary
petitioner under
Section 4 of the Arbitration Act, of its right to raise a challenge under Section 12 of the
Arbitration Act and further ... Bhat would amount to rewriting
Section 12 and cannot be accepted.
41. Section 12(3) of the Arbitration Act sets out the grounds on which
section (2) of Section 28 is academic in the present case inasmuch as the trial Court purported to act under Sub-section (1) of Section ... provisions of this sub-section with the corresponding provisions of the previous statutory enactments dealing with arbitration. Section 12 Indian Arbitration
application of Section 12 after the amendment to
Section 12 . It is submitted that, Section 21 of the Act clearly provides that
arbitration proceedings ... falling under Section 12 read with Fifth and Seventh
Schedule would become applicable.
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application of Section 12 after the amendment to
Section 12 . It is submitted that, Section 21 of the Act clearly provides that
arbitration proceedings ... falling under Section 12 read with Fifth and Seventh
Schedule would become applicable.
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respondent.
13. Learned senior counsel strongly placed reliance on section 12(5)
of the Arbitration Act and also explanation (2) of the Seventh Schedule ... corporate veil of the respondent while
considering the effect of Section 12 of the Arbitration Act.
49. In so far as the submission
provisions of Sub-section (5), would not prevail upon Sub-
section (5) of Section 12 ; rather, the provisions, embodied in
Sub-section (5), will override ... arbitration proceeding, which had already
commenced; or else, all the arbitration proceedings, pending
on 23.10.2015, when Sub-section (5) of Section 12 of the
Arbitration
this petition filed under Section 12(5) read with Section
14 of the Arbitration and Conciliation Act,1996 (for short "the Arbitration ... dispute that the sub-section (5) of Section 12 of
the Arbitration Act is inserted by the Arbitration and Conciliation
(Amendment) Act, 2015 with effect
Court under Section 12 of the- Act to enlarge the time for making the award.
3. Section 12 of the Indian Arbitration Act provides that ... will be seen that the section is in forms similar to Section 12 of the Indian Arbitration Act.
21. The same view was taken
petitioner that invocation
of arbitration u/s 21 of the Arbitration Act is mandatory requirement
for initiating arbitration proceedings. Learned counsel has relied upon ... elicit my disclosure in terms of Sec 11
(8) read with Sec 12 (1) of Arbitration and
Conciliation Act, 1996 I hereby submit as
follows
