Arbitration

Arbitration and Conciliation Act, 1996, Section 12(5)  proviso - Arbitrator - Ineligibility of  - Waiver  - The proviso to Section 12(5) is unambiguous -  A party can waive its right to object to the ineligibility of an arbitrator under Section 12(5),  but the same is subject to two conditions -  First, that the waiver is required to be by and done by an express agreement in writing; and second, that such agreement is entered into after the disputes have arisen -  Unless both the aforesaid conditions are satisfied, there can be no waiver of the ineligibility of an arbitratorm - Waiver of a right to object to ineligibility of an arbitrator under Section 12(5) of the A&C Act cannot be inferred by conduct of a party.  KOTAK MAHINDRA BANK LTD. v. NARENDRA KUMAR PRAJAPAT , (2023-2)210 PLRIJ 001 (Del.)

Arbitration and Conciliation Act, 1996, Section 12(5)   - Arbitrator -  Ineligibility of  - Unilateral appointment of  an arbitrator without the consent of the other party(ies) -  A person who is ineligible to act an Arbitrator, lacks the inherent jurisdiction to render an Arbitral Award under the Act - A decision, by any authority, which lacks inherent jurisdiction to make such a decision, cannot be considered as valid - Such an impugned award cannot be enforced.KOTAK MAHINDRA BANK LTD. v. NARENDRA KUMAR PRAJAPAT , (2023-2)210 PLRIJ 001 (Del.)

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