Section 12 of ACA : Section 12: Grounds For Challenge
ACA
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Explanation using Example
Imagine a scenario where two companies, TechCorp and BuildCon, are in a dispute over a contract for the construction of a new office building. They decide to resolve their dispute through arbitration and are in the process of appointing an arbitrator.
Mr. Smith is approached to serve as the arbitrator. Before accepting the appointment, he must disclose any potential conflicts of interest. He remembers that he holds a small number of shares in TechCorp, which could be seen as a direct financial interest in one of the parties. This situation falls under Section 12(1)(a) of the Arbitration and Conciliation Act, 1996, as it may raise justifiable doubts about his independence and impartiality.
Additionally, Mr. Smith is currently involve...
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