Topic

statutory disqualification

2 articlesLatest April 2026
Section 12(5) & Seventh Schedule Arbitration Act | Commissioner with Institutional Interest Disqualified as Arbitrator : MP HC
Case Law Analysis
|Madhya Pradesh High Court

Section 12(5) & Seventh Schedule Arbitration Act | Commissioner with Institutional Interest Disqualified as Arbitrator : MP HC

MP High Court rules that a Commissioner of Urban Administration cannot serve as an arbitrator under the Arbitration and Conciliation Act due to direct conflict of interest under the Seventh Schedule. The judgment reinforces that even party-appointed arbitrators in a three-member tribunal must be impartial and independent, invalidating unilateral appointments by state entities with vested interests.

Section 12(5) Arbitration Act | Unilateral Arbitrator Appointment Void Ab Initio, Rendering Award Unenforceable : CGHC
Case Law Analysis
|Chhattisgarh High Court

Section 12(5) Arbitration Act | Unilateral Arbitrator Appointment Void Ab Initio, Rendering Award Unenforceable : CGHC

Chhattisgarh High Court holds that an arbitral award rendered by a unilaterally appointed arbitrator is void from the outset under Section 12(5) and Schedule 7 of the Arbitration Act, barring execution proceedings. The ruling reinforces statutory disqualification of arbitrators appointed without mutual consent, impacting arbitration clauses in commercial contracts.