Waiver To Section 12(5) Of Arbitration Act Has To Be Given After Constitution Of The Tribunal: Delhi High Court

The Delhi High Court has clarified a crucial aspect of the Arbitration and Conciliation Act (ACA), stating that any waiver of the grounds for challenging the appointment of an arbitrator under Section 12(5) of the Act can only be considered valid after the arbitral tribunal has been duly constituted. This ruling implies that objections regarding the eligibility or impartiality of an arbitrator must be raised promptly after the tribunal is formed and the composition is known to the parties. The court's interpretation aims to ensure that parties actively participate in the arbitration process and raise any concerns about the arbitrator's appointment without undue delay, once the tribunal is in place.