https://www.taxtmi.com/caselaws?id=280096 Section 12(5) makes persons falling within the Seventh Schedule ineligible to act as arbitrator to preserve neutrality and impartiality, but the proviso permits waiver only by an express agreement in writing after disputes arise. On the facts stated, a party that knowingly appointed the ineligible arbitrator could not later object to the appointment, and both parties' written appointment and participation in the proceedings were treated as an express written waiver. The belated challenge was therefore barred, and the arbitral tribunal was permitted to continue. en-us Wed, 22 Nov 2017 00:00:00 +0530 Sat, 20 Apr 2019 09:25:44 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=280096 Section 12(5) makes persons falling within the Seventh Schedule ineligible to act as arbitrator to preserve neutrality and impartiality, but the proviso permits waiver only by an express agreement in writing after disputes arise. On the facts stated, a party that knowingly appointed the ineligible arbitrator could not later object to the appointment, and both parties' written appointment and participation in the proceedings were treated as an express written waiver. The belated challenge was therefore barred, and the arbitral tribunal was permitted to continue. Case-Laws Indian Laws Wed, 22 Nov 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=280096