#waiver of objection

The Jharkhand High Court ruled that a contract’s venue clause does not determine the seat of arbitration, confirming the tribunal’s fixation of Delhi as the seat. Having waited over two-years without raising a Section 4 objection, the petitioner was deemed to have waived the right to contest the seat.

The Bombay High Court ruled that participation in arbitration proceedings does not constitute a valid waiver of objections to a unilateral arbitrator appointment under Section 12(5) of the Arbitration Act. Only an express written agreement can override the statutory bar, reinforcing the need for mutual consent in arbitrator selection. This decision impacts businesses relying on arbitration clauses, emphasizing strict compliance with procedural fairness.