https://www.taxtmi.com/caselaws?id=300037 Section 12(5) of the Arbitration and Conciliation Act, 1996 makes a person ineligible to act as arbitrator where the relationship falls within the Seventh Schedule, and that ineligibility creates a de jure bar that automatically terminates the mandate. The disqualification cannot be avoided by prior arrangement, continued participation, or the age of the reference; only an express written waiver after disputes arise can cure it. Where the arbitral tribunal consists of officers of a party and no valid written waiver exists, the tribunal is hit by the statutory bar and a fresh arbitrator must be appointed under the Act. en-us Mon, 04 Jan 2021 00:00:00 +0530 Mon, 10 Jan 2022 08:59:24 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=300037 Section 12(5) of the Arbitration and Conciliation Act, 1996 makes a person ineligible to act as arbitrator where the relationship falls within the Seventh Schedule, and that ineligibility creates a de jure bar that automatically terminates the mandate. The disqualification cannot be avoided by prior arrangement, continued participation, or the age of the reference; only an express written waiver after disputes arise can cure it. Where the arbitral tribunal consists of officers of a party and no valid written waiver exists, the tribunal is hit by the statutory bar and a fresh arbitrator must be appointed under the Act. Case-Laws Indian Laws Mon, 04 Jan 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=300037