Clarification regarding appointment of arbitrator ?

832 votes

Depends on what aspect the waiver pertains to. For instance, under Sec. 16, the respondent has the right to object to the jurisdiction of the tribunal at any time before the respondent files its statement of defence. Therefore this section would come into play after the appointment of arbitrator. However let say there is a requirement under the arbitration clause that there should be a mandatory conciliation or amicable settlement attempt before going to arbitration, and the claimant has not adhered to it and proceeded directly to arbitration, then this provision would come into play before the appointment of arbitrator.

Advocate Kishore Kumaar LawRato

797 votes

Section 4 of the Arbitration and Conciliation Act do not bifurcates itself into before and after appointment of Arbitrator.
It in general states that if the parties are aware about any non-compliance of any law or provision of the act or the rules set under the contract based on which you are approaching the arbitrator or are already there before him and still do not raise objections thereto then you will lose your right to do so after the lapse of limitation period.
So if the appointment of Arbitrator is wrong then you have to raise your objection prior to his appointment and if the procedure undertaken before him is wrong then you have to raise objection after his appointment.

Advocate Pulkit Prakash LawRato

686 votes

Section 4 of the arbitration act applies when it is established that the knowledge of the objections got known to one party in time and the objection was raised after an inordinate or unexplained delay.
Prima facie waiver would come be deemed to be in force when the arbitration proceedings have commenced and all parties have started participating without raising objections
However it would depend upon the facts and circumstances if every case

Advocate Aditya Gupta LawRato

507 votes

Section 4 of the arbitration and conciliation act of 1996 provides for waiver of right to object. As per the provision a party has to raise objections at the earliest without undue delay. The said provision will apply throughout the arbitration. Kindly clarify your query.

Advocate Ekta Mehta LawRato

761 votes

Section 4 of the act basically refers to waiver of any right to object so once arbitrator are appointed and reasonable time has been passed then in such a case one cannot claim for section 4 unless there are reasonable ground in that regard

Advocate Sachin Pujari LawRato

744 votes

Section 4 of the Arbitration Act provides waiver of right to object any requirement under the arbitration agreement and it will apply till the stage of appointment of arbitrator. A conjoint reading of section 10 and 16 of the act shows that an objection to composition of the Arbitral tribunal consisting even number of arbitrator to matter of arbitrator to matter is derogable. it is derogable because party is free not to object it within time prescribed in section 16 (2). if a party chooses not to object it, there would be deemed waiver under section 4

Advocate Manisha T Karia LawRato