Waiver of right to object
Section 4 of the Arbitration and Conciliation Act, 1996 deals with waiver of right to object. A party who knows that— (a) any provision of this Part from which the parties may derogate, or (b) 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, if a time The Act came into force on 22 Aug 1996.
A party who knows that—
(a) any provision of this Part from which the parties may derogate, or
(b) 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, if a time limit is provided for stating that objection, within that period of time, shall be deemed to have waived his right to so object.
Section 4, The Arbitration and Conciliation Act, 1996 (Act 26 of 1996).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Narayan Prasad Lohia vs Nikunj Kumar Lohia
Court's Decision & Legal Precedent
The prohibition on even number of arbitrators under Section 10 of the Arbitration and Conciliation Act 1996 is a derogable provision. When read conjointly with Section 16, which permits parties to challenge tribunal composition before the arbitral tribunal itself (not later than submission of statement of defence), the requirement of odd number of arbitrators becomes derogable. A party who knowingly agrees to an even number of arbitrators and participates in the arbitration proceedings without raising an objection to the tribunal composition within the prescribed timeline under Section 16(2) is deemed to have waived the right to object under Section 4. Consequently, an arbitral award made by two arbitrators cannot be set aside merely on the ground that it violates Section 10 if the composition was in accordance with the agreement of the parties and no objection was raised before the arbitral tribunal. Section 34(2)(a)(v) permits setting aside an award on grounds of improper composition only if the composition was not in accordance with the agreement of the parties.
On this section: Applied to establish that a party who knows of non-compliance with arbitration provisions and proceeds without objection waives the right to object. The Court held that Section 4 applies to derogable provisions, and a party's failure to object within the prescribed timeline constitutes deemed waiver.
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Kinnari Mullick vs Ghanshyam Das Damani
Court's Decision & Legal Precedent
The power vested in courts under Section 34(4) of the Arbitration and Conciliation Act, 1996 is limited to adjourning proceedings before setting aside an arbitral award upon written request by a party to the arbitration, to allow the arbitral tribunal an opportunity to resume proceedings or take curative action. Courts possess no power to remand or relegate matters to the arbitral tribunal after the award has been set aside, and any such remand cannot be ordered suo moto.
On this section: Cited regarding principle that party knowing their right who does not object is deemed to have waived right to object at later stage.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 4
What have the courts held on Section 4 of the Arbitration and Conciliation Act?
Narayan Prasad Lohia vs Nikunj Kumar Lohia (20 Feb 2002) is the leading judgment on this section among those set out below: Applied to establish that a party who knows of non-compliance with arbitration provisions and proceeds without objection waives the right to object. The Court held that Section 4 applies to derogable provisions, and a party's failure to object within the prescribed timeline constitutes deemed waiver. Another 1 judgment on this section is set out below, all of them from the Supreme Court. They run from 2002 to 2017.
How do I find court cases under Section 4 of the Arbitration and Conciliation Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Arbitration Act 4, section 4 Arbitration Act, section 4 of the Arbitration and Conciliation Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Narayan Prasad Lohia vs Nikunj Kumar Lohia (20 Feb 2002).
When did Section 4 of the Arbitration and Conciliation Act come into force?
Section 4 of the Arbitration and Conciliation Act, cited as Arbitration Act 4, came into force on 22 Aug 1996, having been enacted on 16 Aug 1996. It is in force as at the date shown on this page.
Other sections of this Act
- 8. Power to refer parties to arbitration where there is an arbitration agreement1029 words
- 11. Appointment of arbitrators1027 words
- 34. Application for setting aside arbitral awards861 words
- 2. Definitions732 words
- 29A. Time limit for arbitral award635 words
- 57. Conditions for enforcement of foreign awards519 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.