Mandate of "ineligible" arbitrator under Section 12(5) of Arbitration Act terminates automatically, Supreme Court

Meera Emmanuel April 16 2019
wilful defaulter

Ineligible Arbitrator

The ineligibility of a person barred from appointment as an arbitrator under Section 12(5) of the Arbitration and Conciliation Act, 1996 (Arbitration Act) can only be waived by a written express agreement between the parties to the dispute after the dispute has arisen.

Moreover, once it is shown that the arbitrator is ineligible to be appointed in such capacity under Section 12(5), there is no need to move a separate application before the arbitrator challenging his appointment.

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