Exemption under Proviso of Section 12(5) of Arbitration and Conciliation Act applies only when Waiver Explicitly agreed upon in Writing by Parties: Kerala HC [Read Order]

Exemption under proviso of Section 12(5) of Arbitration and Conciliation Act applies only when waiver explicitly agreed upon in writing by parties, rules Kerala HC
Kerala High Court - Arbitration waiver - Arbitration and Conciliation Act - Written agreement in arbitration - taxscan

The Kerala High Court recently held that the exemption under proviso of Section 12(5) of the Arbitration and Conciliation Act, 1996 applies only when the waiver is explicitly agreed upon in writing by the parties. The petition is filed under Section 14(2) read with Section 12(5) of the Arbitration and Conciliation Act, 1996 with a…

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