person to act as an arbitrator. Sub-section (5) of Section 12 provides
thus:-
Section 12 Grounds for challenge
(1) When a person is approached ... express agreement in writing
under proviso to sub-section (5) of Section 12 of the Arbitration Act.
26) The contours defining the independence and impartiality
ineligible to act
as an Arbitrator.
40] Sub- section 5 and Section 12 was inserted by Arbitration
and Conciliation (Amendment) Act 2015 with effect from ... language of Section 12(5) is very specific.
There must be express agreement for waiving of provisions of
Section 12(5) . No such express agreement
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
ineligible
for being appointed as an arbitrator in terms of section 12(5) of
Arbitration and Conciliation Act. Hon'ble Division Bench also
held ... right to object to the ineligibility of
an arbitrator under section 12(5) of Arbitration and Conciliation
Act but the same is subject
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
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
said
matter of Arbitration between the Respondent as claimant and
the Petitioner as Respondent under Section 16 read with Sections
12 ... Application filed under
Section 12 read with Section 13 of the said Act, an
Application under Section 14 would be maintainable. If the
Tribunal acts
Supreme Court under Sub-Section (6) of Section 11 read with Sub-
Section (12)(a) of Section 11 of the said ... arbitration agreement was admittedly
incorporated outside India, the arbitration being
“international commercial arbitration” within the
meaning of section 2(1)(f) of the Arbitration
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
