https://www.taxtmi.com/caselaws?id=438079 A contract executed in the name of the President of India is not exempt from Section 12(5) of the Arbitration and Conciliation Act, 1996, because Article 299 governs formal validity and does not create immunity from statutory norms. Clause 28 of the tender, which allowed a serving officer to appoint another serving officer as sole arbitrator, was incompatible with Section 12(5) read with Paragraph 1 of the Seventh Schedule, since an employee of a party is ineligible absent a post-dispute written waiver. The appointment mechanism therefore could not be sustained, and an independent former judge was appointed as sole arbitrator subject to the required disclosures. en-us Fri, 19 May 2023 00:00:00 +0530 Mon, 22 May 2023 14:11:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=438079 A contract executed in the name of the President of India is not exempt from Section 12(5) of the Arbitration and Conciliation Act, 1996, because Article 299 governs formal validity and does not create immunity from statutory norms. Clause 28 of the tender, which allowed a serving officer to appoint another serving officer as sole arbitrator, was incompatible with Section 12(5) read with Paragraph 1 of the Seventh Schedule, since an employee of a party is ineligible absent a post-dispute written waiver. The appointment mechanism therefore could not be sustained, and an independent former judge was appointed as sole arbitrator subject to the required disclosures. Case-Laws Indian Laws Fri, 19 May 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=438079