https://www.taxtmi.com/caselaws?id=470450 Arbitrators who are officers of a disputing party are ineligible under Section 12(5) read with the Seventh Schedule of the Arbitration and Conciliation Act, 1996, where no valid post-dispute written waiver exists. The notes explain that the provision secures arbitral neutrality, independence and impartiality despite prior contractual arrangements. Even where the tribunal was constituted before the 2015 amendment, prolonged inactivity and the absence of substantive arbitral steps may leave the statutory ineligibility applicable. An ineligible party officer is de jure unable to act, and participation or conduct cannot amount to waiver; an express written agreement after the dispute arises is required. The tribunal's mandate consequently terminates by law, requiring appointment of an 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 Arbitrators who are officers of a disputing party are ineligible under Section 12(5) read with the Seventh Schedule of the Arbitration and Conciliation Act, 1996, where no valid post-dispute written waiver exists. The notes explain that the provision secures arbitral neutrality, independence and impartiality despite prior contractual arrangements. Even where the tribunal was constituted before the 2015 amendment, prolonged inactivity and the absence of substantive arbitral steps may leave the statutory ineligibility applicable. An ineligible party officer is de jure unable to act, and participation or conduct cannot amount to waiver; an express written agreement after the dispute arises is required. The tribunal's mandate consequently terminates by law, requiring appointment of an independent arbitrator. Case-Laws Indian Laws Tue, 04 Jan 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=470450