Section 12(5)

In a pivotal decision, the Supreme Court of India ruled that a party's participation in arbitration proceedings does not amount to an automatic waiver of its right to challenge the eligibility of an arbitrator. The Court emphasized that such a waiver must be express and in writing, reinforcing procedural integrity under Section 12(5) of the Arbitration Act.

HP HC: Govt official disqualified as arbitrator due to conflict of interest under Section 12(5) of Arbitration Act.