Wednesday, February 20, 2008

judgment arbitraton

I have considered the aforesaid preliminary objection in the light of the documents placed on record. The petitioner did not challenge the appointment of the arbitrator at the very initial stage and instead submitted to his jurisdiction by filing its claims and counter-claims, and therefore, in the light of the said facts I hold that the principles of waiver and acquiescence are applicable to the facts of the present case and, therefore, the petitioner is not entitled to raise the aforesaid plea.

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