Arbitration and Conciliation Act, 1996-Section 34 & 37: Where a party has received notice and he does not raise a plea of lack of jurisdiction before the arbitral tribunal, he must make out a strong case why he did not do so if he chooses to move a petition for setting aside the award under Section 34(2)(v) of the Act on the ground that the composition of the arbitral tribunal was not in accordance with the agreement of the parties. If plea of jurisdiction is not taken before the arbitrator as provided in Section 16 of the Act, such a plea cannot be permitted to be raised in proceedings under Section 34 of the Act for setting aside the award, unless good reasons are shown.
M/s. Gas Authority of India Ltd. & Another Versus M/s. Keti Construction (I) Ltd. & Others
Date of Decision :
THE HONOURABLE MR. JUSTICE G.P. MATHUR & THE HONOURABLE MR. JUSTICE LOKESHWAR SINGH PANTA