Not Taking Objection To Non-Compliance Of Provisions Of Arbitration Act Shall Be Deemed Waiver U/S 4 Of Arbitration Act: Delhi Court

The Delhi Commercial Court addressed the issue of statutory non-compliance and waiver under Section 4 of the Arbitration Act. The court emphasized that a party who proceeds with arbitration without promptly objecting to non-compliance with any provision of the Act is deemed to have waived their right to object. The case involved a dispute where the appellant did not challenge the venue of arbitration or the tribunal’s jurisdiction at the appropriate time, leading to a waiver of such objections. The court highlighted the importance of timely objections to ensure the efficiency and finality of arbitration proceedings. The ruling reinforces the principle that parties must raise objections promptly to avoid waiving their rights, thereby promoting procedural fairness and adherence to the arbitration agreement’s terms.