Section 12(5)

Arbitration and Conciliation Act, 1996, Section 12(5) - Section 12(5) read with the Seventh Schedule is a mandatory and non-derogable provision of the Act.

2021 SCeJ 221Haryana Space Application Centre (HARSAC) & Anr. Vs. M/s. Pan India Consultants Pvt. Ltd.

Arbitration and Conciliation Act, 1996, Section 12(5) – Appointment of Principal Secretary, Government of Haryana as the nominee arbitrator of HARSAC which is a Nodal Agency of the Government of Haryana, would be invalid under Section 12(5) of the Arbitration and Conciliation Act, 1996 read with the Seventh Schedule – The Principal Secretary to the Government of Haryana would be ineligible to be appointed as an arbitrator, since he would have a controlling influence on the Appellant Company being a nodal agency of the State.

2021 SCeJ 221Haryana Space Application Centre (HARSAC) & Anr. Vs. M/s. Pan India Consultants Pvt. Ltd.