The Hon’ble Supreme Court, in the matter of 29th April 2020, in the matter of Quippo Construction Equipment Limited v. Janardan Nirman Pvt. Limited observed that not participating in arbitration proceedings and not raising any submission that the arbitrator did not have jurisdiction or that he was exceeding the scope of his authority amounts to waiver of objections to jurisdiction.
The Hon’ble Supreme Court observed that:
The specification of “place of arbitration” may have special significance in an International Commercial Arbitration, where the “place of arbitration” may determine which curial law would apply. (Para 22)
When a party fails to participate in the proceedings before the Arbitrator and does not raise any submission that the Arbitrator did not have jurisdiction or that he was exceeding the scope of his authority, such party must be deemed to have waived all such objections. (This inference has been drawn on the basis of Para 23)
Copy of judgement: Judgement-29-Apr-2020
-Adv. Tushar Kaushik