AIR 2002 SUPREME COURT 1139 ::2002 AIR SCW 898 ::2002 (1) Arbi LR 493 ::2002 (2) Com LJ 374 SC ::(2002) 2 WLC(RAJ) 351 ::(2003) 1 WLC(SC)CVL 251 ::(2002) 2 CivLJ 239 ::(2002) 1 ArbiLR 493 ::2002 (3) SCC 572 ::(2002) 2 Scale 232 ::2002 (1) CurCC 209 ::(2002) 2 AllMR 600 (SC) ::2002 (2) All MR 600 ::2002 (3) BLJ 296 ::(2002) 2 ICC 468 ::2002 (3) MadLW 30 ::(2006) 1 JCR 97 (SC) ::2002 (2) PatLJR 87 ::(2002) 2 Raj LR 76 ::(2002) 1 Raj LW 613 ::(2002) 2 SCJ 126 ::2002 (1) UC 524 ::2002 (1) LRI 546 ::2002 (2) SLT 144 ::2002 (2) Supreme 69 ::2002 (2) MPHT 154 ::2002 (3) SRJ 543 ::(2002) 2 JT 222 (SC) ::2002 (2) JT 222

Supreme Court Of India

(From : 2000 (2) Cal HN 250)

Hon'ble Judge(s): G. B. Patnaik, S. N. Phukan, S. N. Variava , JJJ

Arbitration and Conciliation Act (26 of 1996) , S.10, S.4, S.16— Number of arbitrators - Composition of Arbitral Tribunal - Objection as to - Whether and at what stage objection can be waived - Section 10 providing that number of arbitrators shall not be an even number is a derogable provision - Parties agreed upon an even number of arbitrators - Objection as to composition of Arbitral Tribunal not taken before Arbitral Tribunal itself or within time prescribed under S. 16(2) - There will be a deemed waiver of objection under S. 4 - Award so passed by Arbitral Tribunal cannot be set aside under S. 34(2)(a)(v) because composition of tribunal was in accordance with agreement between parties. It must be remembered that arbitration is a creature of an agreement. There can be no arbitration unless there is an arbitration agreement in writing between the parties. Any agreement which permits the parties to appoint an even number of arbitrators would not be contrary to provision of S. 10. Such an agreement would not be invalid and void as the Arbitral Tribunal would be validly constituted. Composition of the Arbitral Tribunal itself being valid the proceedings and the Award, even if one be passed, would be invalid and unenforceable. The reason being as follows : @page-SC1140 (i) Under Section 16, a party can challenge the composition of....