Waiver of right to object deviance from arbitration agreement is mentioned under ______________ of the Arbitration and Conciliation Act

All India Bar Examination (AIBE) 15-XV Previous Year Question Papers with Answers

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Waiver of right to object deviance from arbitration agreement is mentioned under ______________ of the Arbitration and Conciliation Act

A: Section 7

B: Section 4

C: Section 20

D: Section 22

The answer is: B

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Explanation

The correct option is B: Section 4.

This section provides that a party who knows that any provision of Part I of the Arbitration and Conciliation Act, 1996, or 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 within the time limit, shall be deemed to have waived his right to object. This section is based on Article 4 of the UNCITRAL Model Law on International Commercial Arbitration, which aims to promote the finality and efficiency of arbitration proceedings by preventing parties from raising belated objections. The waiver of the right to object is a legal consequence of the party's conduct and does not require any express or implied intention to waive the right.