teeth of Section 12(5) of
the Arbitration and Conciliation Act, 1996 ("the 1996 Act"), read with
the decisions of the Supreme Court ... thus:
"5. The Sole Arbitrator declared under Section 12 of the Arbitration
& conciliation Act 1996 that there are no circumstances likely to give
parties may waive off the applicability of Sub-
Section 12(5) of Arbitration and Conciliation Act, 1996 (as
amended), if they agree for such waiver ... waive the provisions of Section 12 (5) of
the Arbitration and Conciliation Act, 1996 ('said Act').
12. We are in the process
teeth of Section 12(5) of
the Arbitration and Conciliation Act, 1996 ("the 1996 Act"), read with
the decisions of the Supreme Court ... thus:
"5. The Sole Arbitrator declared under Section 12 of the Arbitration
& conciliation Act 1996 that there are no circumstances likely to give
view of Section
12(5) of the Arbitration and Conciliation Act, 1996, ("the 1996 Act"),
read with the judgments of the Supreme Court ... request you to give the declaration under Section 12 of
the Arbitration & Conciliation Act 1996, enter into reference
and do the needful
Video-Conferencing)
1. This petition under Section 11(6) of the Arbitration &
Conciliation Act, 1996, prays for appointment of a sole arbitrator to
arbitrate ... Arbitration & Conciliation
Act, 1996 .
12. The learned sole Arbitrator would also file the requisite
disclosure under Section 12(2) of the Arbitration & Conciliation
Clause 8 is in the teeth of Section 12(5) of the
Arbitration and Conciliation Act, 1996, read with the Seventh
Signature Not Verified
Digitally ... Arbitrator would submit the requisite disclosure
under Section 12(2) of the Arbitration and Conciliation Act, 1996
within a week of entering on the reference
United Telecoms Ltd. 2 as well as
Section 12(5) of the Arbitration and Conciliation Act, 1996, read with
the VII Schedule thereto, Clause ... Architects DPC1 and Bharat Broadband Network
Ltd.2 as well as Section 12(5) of the 1996 Act, rendered de jure
incapable of performing
1996 Act.
10. Section 12(5) of the 1996 Act was introduced, in the 1996 Act,
by Section 8 (ii) of the Arbitration & Conciliation ... Signing Date:25.08.2020
10:03:26
In view of Section 12(5) of the 1996 Act, the appointment of the
arbitrator was annulled
parties in view of Section 12(5) of the Arbitration and Conciliation
Act, 1996 ("the 1996 Act") read with the judgments ... Senior Counsel for the respondent,
fairly concedes to the applicability of Section 12(5) of the 1996 Act as
well as the aforesaid decisions
preferred
under Section 11(5) of the Arbitration and Conciliation Act, 1996
(hereinafter referred to as "the 1996 Act").
12. A reading ... competent jurisdiction at Haryana ... in terms of
the Arbitration and Conciliation Act, 1996 ".
13. I have queried, of learned counsel
