Objections Pertaining To The Arbitration Proceedings Not Raised At Appropriate Time Cannot Be A Ground While Challenging The Award Under Section 34

Introduction:

The Calcutta High Court ("Court") in the recent judgment of West Bengal Housing Board v. M/s. Abhishek Construction¹, rejected the challenge to the arbitral award filed under Section 34 of the Arbitration and Conciliation Act, 1996 ("Act") on the grounds that (i) the petitioner waived its right to challenge the non-compliance of the disclosure requirements by the arbitration by participating in the arbitration proceedings, and (ii) unilateral appointment of arbitrator cannot be a ground for seeking setting aside of the award when the arbitration proceedings had commenced prior to the coming into effect of the 2015 amendment to the Act.

Factual Matrix and Arguments: