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Supreme Court of India 2019-08-27 allowed

Jayesh H. Pandya & Anr vs Subhtex India Ltd. & Ors

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

Jayesh H. Pandya and another challenged the dismissal of their arbitration petition seeking to terminate an arbitrator for exceeding the four-month time limit contractually prescribed for completing proceedings. The arbitrator lacked the parties' consent to extend time, yet the appellants objected to extension. The Supreme Court held that parties are bound by their contractual time limits and that waiver requires voluntary choice—not implicit surrender. Since the appellants clearly objected to the extension, they did not waive their contractual right to termination. The appeal was allowed.

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Arbitration Arbitration and Conciliation Act 1996 Waiver Contract Law Procedure

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