Justice Manmohan Singh of the Delhi High Court has recently passed a verdict involving Section 12(5) of the amended Arbitration & Conciliation Act of 1996.
Hearing a dispute between Assignia-VIL JV and the Rail Vikas Nigam Ltd, the High Court observed that S.12(5) “mandates” that if the arbitrator and the parties involved enjoy any of the relationships mentioned in the Seventh Schedule of the Act, then that arbitrator cannot be appointed. One of these relationships is that of employer-employee, which was the case here.
Article referred: http://barandbench.com/delhi-high-courts-judgment-marks-end-house-arbitrators/
Hearing a dispute between Assignia-VIL JV and the Rail Vikas Nigam Ltd, the High Court observed that S.12(5) “mandates” that if the arbitrator and the parties involved enjoy any of the relationships mentioned in the Seventh Schedule of the Act, then that arbitrator cannot be appointed. One of these relationships is that of employer-employee, which was the case here.
Article referred: http://barandbench.com/delhi-high-courts-judgment-marks-end-house-arbitrators/
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