Arbitration and Conciliation Act Section 4 — Waiver of right to object

CHAPTER I — General provisions

Civil

Summary

A party who is aware that something has gone wrong in the arbitration process—either a rule in this Part of the Act that the parties are allowed to change, or a requirement set out in their own arbitration agreement—and who still continues with the arbitration without raising an objection to that problem, will be treated as having given up their right to object. This applies if the party does not raise the objection without unnecessary delay, or, if a specific time limit was set for raising such an objection, within that time limit.

Under clause (a), the rule covers situations where a provision of this Part of the Act, which the parties are free to modify or opt out of, has not been followed. If the party knows about this non-compliance but keeps going with the arbitration without objecting, they lose the right to complain about it later.

Under clause (b), the rule also applies to any requirement that comes from the arbitration agreement itself. If a party knows that such a requirement has not been met and still proceeds with the arbitration without stating their objection in time, they are deemed to have waived their right to object to that non-compliance.

Official Text

A party who knows that—

(a) any provision of this Part from which the parties may derogate, or

(b) any requirement under the arbitration agreement, has not been complied with and yet proceeds with the arbitration without stating his objection to such non-compliance without undue delay or, if a time limit is provided for stating that objection, within that period of time, shall be deemed to have waived his right to so object.