Section 12(5) of The Arbitration Act IV

Therefore, as per Amendment Act, 2015 [Sub-Section (5) of Section 12 read with Seventh Schedule], all of them have become ineligible to become Arbitrators and to continue as Arbitrators. Section 12 has been amended by Amendment Act, 2015 based on recommendations of Law Commission, which specifically dealt with issue of ‘Neutrality of Arbitrators’. An identical question came to be considered by this Court in Jaipur Zila Dugdh Utpadak Sahkari Sangh Limited v. Ajay Sales & Suppliers, 2021 SCC OnLine SC 730.

Hon’ble Justice M.R. Shah, Ellora Paper Mills Limited v. State of Madhya Pradesh, [Civil Appeal No. 7697 of 2021].