Section 12 of Arbitration and Conciliation Act, 1996
Section 12 of Arbitration and Conciliation Act, 1996 deals with 'Grounds for challenge'.
From the Act
(1) When a person is approached in connection with his possible appointment as an arbitrator, he shall disclose in writing any circumstances likely to give rise to justifiable doubts as to his independence or impartiality.
(2) An arbitrator, from the time of his appointment and throughout the arbitral proceedings, shall, without delay, disclose to the parties in writing any circumstances referred to in sub section
(1) unless they have already been informed of them by him.
(3) An arbitrator may be challenged only if-
(a) circumstances exist that give rise to justifiable doubts as to his independence or impartiality, or
(b) he does not possess the qualifications agreed to by the parties.
(4) A party may challenge an arbitrator appointed by him, or in whose appointment he has participated, only for reason, of which he becomes aware after the appointment has been made.
Related Cases / Recent Cases / Case Laws
- Section 10: Number of arbitrators
- Section 11: Appointment of arbitrators
- Section 13: Challenge procedure
- Section 14: Failure or impossibility to act
- Section 15: Termination of mandate and substitution of arbitrator
- Arbitration Act, 1940
- United Nations Commission on International Trade Law
- Indian Contract Act, 1872
- Limited Liability Partnership Act, 2008
- Companies Act, 1956
- Code of Civil Procedure, 1908
- Code of Criminal Procedure, 1973