Waiver of right to object

Arbitration and Conciliation Act,1996 (26 of 1996), S. 4, 16, 20, 34 – Waiver of right to object - The fact that the respondent failed to participate in the proceedings before the Arbitrator and did not raise any submission that the Arbitrator did not have jurisdiction or that he was exceeding the scope of his authority, the respondent must be deemed to have waived all such objections – Out of 4 agreements one agreement provided for arbitration at Kolkata - Arbitration took place in Delhi – Ex parte award passed - In one of the agreements the venue was stated to be Kolkata and yet the proceedings were conducted at Delhi - However, at no stage, the aforesaid objections were raised by the respondent before the Arbitrator and the respondent let the arbitral proceedings conclude and culminate in an ex-parte award - Respondent could be said to have waived the right to raise any of the aforesaid objections - Petition section 34 filed at Alipore - Application was disposed off holding that the arbitration award was passed at New Delhi and accordingly the Court of New Delhi has the jurisdiction to entertain the application u/s 34 of the Arbitration and Conciliation Act and court at Alipore has no jurisdiction – Order upheld . #2020 SCeJ 646