https://www.taxtmi.com/caselaws?id=378539 Section 12(5) of the Arbitration and Conciliation Act, 1996 creates a statutory ineligibility that strikes at the validity of the appointment itself. Where the appointing authority falls within the Seventh Schedule, the arbitrator cannot be validly appointed, the mandate terminates under Section 14(1)(a), and the controversy may be decided under Section 14(2). The challenge procedure under Sections 12(4) and 13 concerns doubts about independence or impartiality, not statutory ineligibility. Waiver of Section 12(5) is possible only by an express written agreement entered into after disputes have arisen; it cannot be inferred from conduct, appointment letters, or participation in proceedings. en-us Tue, 16 Apr 2019 00:00:00 +0530 Mon, 02 Jun 2025 18:08:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=378539 Section 12(5) of the Arbitration and Conciliation Act, 1996 creates a statutory ineligibility that strikes at the validity of the appointment itself. Where the appointing authority falls within the Seventh Schedule, the arbitrator cannot be validly appointed, the mandate terminates under Section 14(1)(a), and the controversy may be decided under Section 14(2). The challenge procedure under Sections 12(4) and 13 concerns doubts about independence or impartiality, not statutory ineligibility. Waiver of Section 12(5) is possible only by an express written agreement entered into after disputes have arisen; it cannot be inferred from conduct, appointment letters, or participation in proceedings. Case-Laws Indian Laws Tue, 16 Apr 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=378539