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Appointing authority himself ineligible by operation of the law to be an Arbitrator, cannot nominate an Arbitrator. Arbitration and Conciliation Act, 1996 Sections 12(5) and 34 Arbitral award – Competence of the Arbitral Tribunal to enter reference – No express waiver in writing as contemplated under the proviso to Section 12 (5) – Authority appointing the arbitrator was also ineligible – Award set aside. Judge p t asha mam
by Sekar Reporter · Published August 30, 2020
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following the conditions imposed, a division bench of justices N Kirubakaran and B Pugalendhi observed that the allegations levelled in the petition are not substantiated. Recording the undertaking given by the commissioner, the judges dismissed the petition.
by Sekar Reporter · Published October 22, 2020