Arbitration and Conciliation Act, 1996 – s.12(5) r/w Seventh Schedule – Appointment of Principal Secretary, Government of Haryana as nominee arbitrator of appellant-company (HARSAC), a Nodal Agency of Government of Haryana – Validity of – Held: s.12(5) of the Act (as amended by the 2015 Amendment Act) provides that notwithstanding any prior agreement to the contrary, any person whose relationship with the parties, or counsel, falls within any of the categories specified in the Seventh Schedule, shall be ineligible to be appointed as an arbitrator – s.12(5) read with the Seventh Schedule is a mandatory and non-derogable provision of the Act – Principal Secretary to the Government of Haryana would be ineligible to be appointed as an arbitrator, since he would have a controlling influence on the Appellant-company being a nodal agency of the State – In exercise of powers u/s.29A(6) of the Act (as amended), a former judge of Supreme Court, appointed as the substitute arbitrator, who shall conduct the proceedings in continuation from the stage arrived at, and pass award within 6 months.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.