Arbitrator's Eligibility under Arbitration and Conciliation Act, 1996 : Supreme Court Explains the Legal Position

Arbitrator's Eligibility under Arbitration and Conciliation Act, 1996 : Supreme Court Explains the Legal Position

It has been held that when a right exists, i.e., the right to object to the appointment of an ineligible arbitrator in terms of Section 12(5) of A&C Act, 1996, such a right cannot be taken away by mere implication. For a party to be deprived of this right by way of waiver, there must be a conscious and unequivocal expression of intent to relinquish it.

[ Bhadra International (I) Pvt. Ltd v. Airports Authority of India [2026] GCtR 12 (SC) ]