https://www.taxtmi.com/caselaws?id=314256 Section 12(5) of the Arbitration and Conciliation Act, 1996 creates a mandatory ineligibility bar where the arbitrator falls within the Seventh Schedule, and the bar can be waived only by an express agreement in writing after disputes have arisen. On the stated facts, the sole arbitrator was an employee of the respondent Railways, the appointing authority itself was treated as ineligible, and the contract did not contain the later safeguards relied on in railway arbitration jurisprudence. The tribunal's constitution therefore breached the neutrality requirement, and no express written waiver was shown; the awards were liable to be set aside. en-us Mon, 10 Feb 2020 00:00:00 +0530 Tue, 28 May 2024 20:36:07 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=314256 Section 12(5) of the Arbitration and Conciliation Act, 1996 creates a mandatory ineligibility bar where the arbitrator falls within the Seventh Schedule, and the bar can be waived only by an express agreement in writing after disputes have arisen. On the stated facts, the sole arbitrator was an employee of the respondent Railways, the appointing authority itself was treated as ineligible, and the contract did not contain the later safeguards relied on in railway arbitration jurisprudence. The tribunal's constitution therefore breached the neutrality requirement, and no express written waiver was shown; the awards were liable to be set aside. Case-Laws Indian Laws Mon, 10 Feb 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=314256