Arbitration jurisdiction objections must be raised before the tribunal, not first in a Section 34 challenge after ex parte proceedings.

An objection to the existence or validity of an arbitration agreement, or to the arbitrator's jurisdiction, had to be raised before the arbitral tribunal under Section 16 of the Arbitration and Conciliation Act, 1996. Failure to do so attracted deemed waiver under Section 4. An ex parte award did not permit a party to bypass the statutory scheme and raise jurisdictional objections for the first time at the Section 34 stage. The jurisdictional challenge was therefore barred, and the respondent was precluded from contesting the arbitration agreement or the arbitrator's authority when challenging the award.

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Issues: Whether an objection to the existence or validity of the arbitration agreement and the arbitrator's jurisdiction could be raised for the first time under Section 34 after the respondent had remained absent before the arbitral tribunal.

Analysis: The objection to jurisdiction had to be taken before the arbitral tribunal under Section 16 of the Arbitration and Conciliation Act, 1996. Failure to do so attracted the rule of deemed waiver under Section 4. The fact that the award was ex parte did not alter the position, because a party cannot bypass the statutory scheme and raise jurisdictional objections only at the stage of challenging the award under Section 34.

Conclusion: The jurisdictional challenge was barred and the respondents were precluded from contesting the arbitration agreement or the arbitrator's jurisdiction at the Section 34 stage.

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