Section 4 of The Arbitration Act

While dealing with a case where instead of an odd number of Arbitrators, as is contemplated under Section 10, the parties had agreed to Arbitration of 2 Arbitrators and where objection in that behalf was not taken before the Arbitrators, a 3 Judge Bench of this Court in Narayan Prasad Lohia v. Nikunj Kumar Lohia, (2002) 3 SCC 572 considered the amplitude and applicability of Section 4.

Thus, even stipulation in Section 10 that number of Arbitrators “shall not be an even number” was found to be a derogable provision and since no objections were raised to the composition of the Arbitral Tribunal, as provided in Section 16, the concerned were deemed to have waived their right to object.

Hon’ble Justice U.U. Lalit, Quippo Construction Equipment Ltd. v. Janardan Nirman Pvt. Ltd., [Civil Appeal No. 2378 of 2020].