https://www.taxtmi.com/caselaws?id=300155 Section 12(5) of the Arbitration and Conciliation Act, 1996 was held inapplicable to an arbitration commenced and tribunal constituted before the 2015 amendment, absent any agreement to apply the amendment retrospectively. The Court applied the settled principle that the amendment does not disturb ongoing pre-amendment arbitral proceedings and noted the petitioner's prior participation in the process. In the absence of material showing bias, partiality, or lack of independence, the fact that the tribunal members were officers of the respondent did not by itself invalidate the agreed appointment mechanism. The request to terminate the tribunal's mandate and appoint a fresh independent arbitrator therefore failed. en-us Fri, 27 Aug 2021 00:00:00 +0530 Fri, 14 Jan 2022 08:36:33 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=300155 Section 12(5) of the Arbitration and Conciliation Act, 1996 was held inapplicable to an arbitration commenced and tribunal constituted before the 2015 amendment, absent any agreement to apply the amendment retrospectively. The Court applied the settled principle that the amendment does not disturb ongoing pre-amendment arbitral proceedings and noted the petitioner's prior participation in the process. In the absence of material showing bias, partiality, or lack of independence, the fact that the tribunal members were officers of the respondent did not by itself invalidate the agreed appointment mechanism. The request to terminate the tribunal's mandate and appoint a fresh independent arbitrator therefore failed. Case-Laws Indian Laws Fri, 27 Aug 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=300155