https://www.taxtmi.com/caselaws?id=280069 Section 12(5) of the Arbitration and Conciliation Act, 1996 read with the Seventh Schedule bars a person who is statutorily ineligible from acting as arbitrator, and that ineligibility also deprives the person of any contractual power to nominate another arbitrator. The Supreme Court further held that a court dealing with a Section 11 application may examine whether the appointment is invalid at the threshold where the appointing authority itself is disqualified, because Sections 11(6A) and 11(8) do not preclude scrutiny of an ex facie defective nomination. The impugned appointment was therefore unsustainable, and the matter was remitted for fresh appointment in accordance with law. en-us Mon, 03 Jul 2017 00:00:00 +0530 Wed, 04 Jun 2025 12:47:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=280069 Section 12(5) of the Arbitration and Conciliation Act, 1996 read with the Seventh Schedule bars a person who is statutorily ineligible from acting as arbitrator, and that ineligibility also deprives the person of any contractual power to nominate another arbitrator. The Supreme Court further held that a court dealing with a Section 11 application may examine whether the appointment is invalid at the threshold where the appointing authority itself is disqualified, because Sections 11(6A) and 11(8) do not preclude scrutiny of an ex facie defective nomination. The impugned appointment was therefore unsustainable, and the matter was remitted for fresh appointment in accordance with law. Case-Laws Indian Laws Mon, 03 Jul 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=280069