INELIGIBLE PERSON BY OPERATION OF LAW CANNOT NOMINATE A PERSON AS ARBITRATOR
Once the person who was required to arbitrate upon the disputes arisen under the terms and conditions of the contract becomes ineligible by operation of law, he would not be eligible to nominate a person as an arbitrator in view of section 12 (5) of the Arbitration and Conciliation Act, 1996.
That a plea that pertains to statutory disqualification of the nominated arbitrator can be raised before the court in application Preferred under Section 11(6) of the Act, for such an Application is not incompetent.
reference
CIVIL APPEAL NO. 5306 OF 2017 @ S.L.P. (C) NO. 22912 OF 2016) decided on 3rd July 2017 TRF Ltd. versus Energo Engineering Projects Ltd.