https://www.taxtmi.com/caselaws?id=470450 Arbitrator neutrality under Section 12(5) read with the Seventh Schedule renders officers of a disputing respondent-State ineligible to continue on an arbitral tribunal where no substantive proceedings occurred after its constitution and the matter remained stayed. The provision applies notwithstanding a prior contractual appointment arrangement and treats persons within prohibited relationships as de jure unable to act. Ineligibility may be waived only by an express written agreement made after the dispute arises; participation in proceedings or party conduct is not a waiver. The officer-members' mandate therefore terminated by operation of law, requiring appointment of a fresh independent arbitrator. en-us Tue, 04 Jan 2022 00:00:00 +0530 Tue, 28 Jul 2026 13:10:12 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=470450 Arbitrator neutrality under Section 12(5) read with the Seventh Schedule renders officers of a disputing respondent-State ineligible to continue on an arbitral tribunal where no substantive proceedings occurred after its constitution and the matter remained stayed. The provision applies notwithstanding a prior contractual appointment arrangement and treats persons within prohibited relationships as de jure unable to act. Ineligibility may be waived only by an express written agreement made after the dispute arises; participation in proceedings or party conduct is not a waiver. The officer-members' mandate therefore terminated by operation of law, requiring appointment of a fresh independent arbitrator. Case-Laws Indian Laws Tue, 04 Jan 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=470450