Mere Participation In Arbitration Won't Bar Challenge To Arbitrator's Eligibility, Waiver Must Be "Express & In Writing" : Supreme Court

Yash Mittal

6 Jan 2026 9:02 AM IST

  • Mere Participation In Arbitration Wont Bar Challenge To Arbitrators Eligibility, Waiver Must Be Express & In Writing : Supreme Court

    The Supreme Court has ruled that a party's involvement in arbitral proceedings does not, in itself, constitute a waiver of its right to object to an arbitrator's eligibility. The Court clarified that the right to object can only be waived by an express written agreement, rejecting any notion of a "deemed waiver" arising from conduct alone under Section 12(5) of the Arbitration &...

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