Case Law Analysis
|Tripura High Court
Section 12(5) Arbitration Act Applies Retrospectively; Pre-2015 Employee Arbitrator Clause Invalid Absent Express Waiver : Tripura HC
The Tripura High Court ruled Section 12(5) applies retrospectively to pre-2015 agreements, invalidating clauses appointing a party's employee as arbitrator absent an express waiver. The court appointed an independent arbitrator, reinforcing neutrality in legacy government contracts.