https://www.taxtmi.com/caselaws?id=314259 Section 12(5) of the Arbitration and Conciliation Act, 1996 bars appointment of an ineligible arbitrator, including where a party interested in the dispute unilaterally appoints the sole arbitrator under a pre-existing clause. The proviso permits waiver only by an express written agreement made after disputes have arisen, so mere participation in the arbitration does not amount to waiver under Section 4. The text also notes that procedural defects such as failure to frame issues and denial of a meaningful opportunity to lead evidence may independently undermine arbitral fairness and natural justice. en-us Wed, 23 Nov 2022 00:00:00 +0530 Tue, 28 May 2024 20:36:07 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=314259 Section 12(5) of the Arbitration and Conciliation Act, 1996 bars appointment of an ineligible arbitrator, including where a party interested in the dispute unilaterally appoints the sole arbitrator under a pre-existing clause. The proviso permits waiver only by an express written agreement made after disputes have arisen, so mere participation in the arbitration does not amount to waiver under Section 4. The text also notes that procedural defects such as failure to frame issues and denial of a meaningful opportunity to lead evidence may independently undermine arbitral fairness and natural justice. Case-Laws Indian Laws Wed, 23 Nov 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=314259