Section 12: Grounds for challenge

Q: What does Section 12 of Arbitration and Conciliation Act, 1996 (A&C Act) deal with?

Section 12 A&C Act pertains to "Grounds for challenge". It is part of the Arbitration and Conciliation Act, 1996, a legislation enacted by the Parliament of India. Section 12 of the Arbitration and Conciliation Act, 1996 (A&C Act) governs grounds for challenge.

Q: Is Section 12 A&C Act still in force?

Yes, Section 12 of the Arbitration and Conciliation Act, 1996 is currently in force across the Republic of India.

Q: What is धारा 12 A&C Act?

धारा 12 A&C Act is the Devanagari Hindi reference for Section 12 of the Arbitration and Conciliation Act, 1996. Section 12 of the Arbitration and Conciliation Act, 1996 (A&C Act) governs grounds for challenge.

Q: What is Dhara 12 A&C Act?

Dhara 12 A&C Act is the Roman Hindi reference for Section 12 of the Arbitration and Conciliation Act, 1996. "Dhara" means "Section" in Hindi. Section 12 of the Arbitration and Conciliation Act, 1996 (A&C Act) governs grounds for challenge.

Q: How to cite Section 12 of Arbitration and Conciliation Act, 1996?

Cite as: "Section 12, Arbitration and Conciliation Act, 1996 (A&C Act)" in legal briefs. For academic writing, use the BlueBook format: Arbitration and Conciliation Act, 1996, 1996, § 12 (India).

Law on Tips Editorial Board

When a person is approached in connection with his possible appointment as an arbitrator, he shall disclose in writing any circumstances,—
1. such as the existence either direct or indirect, of any past or present relationship with or interest in any of the parties or in relation to the subject-matter in dispute, whether financial, business, professional or other kind, which is likely to give rise to justifiable doubts as to his independence or impartiality; and
2. which are likely to affect his ability to devote sufficient time to the arbitration and in particular his ability to complete the entire arbitration within a period of twelve months.
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.
An arbitrator may be challenged only if—
1. circumstances exist that give rise to justifiable doubts as to his independence or impartiality, or
2. he does not possess the qualifications agreed to by the parties.
A party may challenge an arbitrator appointed by him, or in whose appointment he has participated, only for reasons of which he becomes aware after the appointment has been made.
The grounds specified in the Seventh Schedule shall guide in determining whether circumstances exist which give rise to justifiable doubts as to the independence or impartiality of an arbitrator.