https://www.taxtmi.com/caselaws?id=314260 Disclosure of circumstances creating justifiable doubts about an arbitrator's independence under Section 12(1) of the Arbitration and Conciliation Act, 1996 was mandatory, because the statute uses the language "he shall disclose" and the Fifth Schedule factors, including repeated prior appointments by a party, had to be revealed. The text further states that an arbitrator falling within the Seventh Schedule is ineligible under Section 12(5), and that ineligibility can be waived only by an express written agreement after disputes arise. On the stated facts, unilateral appointment without such waiver and without full disclosure vitiated the proceedings, and the award was set aside. en-us Mon, 05 Dec 2022 00:00:00 +0530 Tue, 28 May 2024 20:36:07 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=314260 Disclosure of circumstances creating justifiable doubts about an arbitrator's independence under Section 12(1) of the Arbitration and Conciliation Act, 1996 was mandatory, because the statute uses the language "he shall disclose" and the Fifth Schedule factors, including repeated prior appointments by a party, had to be revealed. The text further states that an arbitrator falling within the Seventh Schedule is ineligible under Section 12(5), and that ineligibility can be waived only by an express written agreement after disputes arise. On the stated facts, unilateral appointment without such waiver and without full disclosure vitiated the proceedings, and the award was set aside. Case-Laws Indian Laws Mon, 05 Dec 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=314260