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2002 (2) TMI 1242 - SUPREME COURTWhether section 10 is a non-derogable provision? Held that:- Unable to accept Mr. Venugopal’s argument that, as a matter of public policy, section 10 should be held to be non-derogable. Even though the said Act is now an integrated law on the subject of arbitration, it cannot and does not provide for all contingencies. An arbitration being a creature of agreement between the parties, it would be impossible for the Legislature to cover all aspects. Just by way of an example, section 10 permits the parties to determine the number of arbitrators, provided that such number is not an even number. A conjoint reading of sections 10 and 16 shows that an objection to the composition of the Arbitral Tribunal, is a matter which is derogable. It is derogable, because, a party is free not to object within the time prescribed in section 16(2). If a party chooses not to so object, there will be a deemed waiver under section 4. Thus, we are unable to accept the submission that section 10 is a non-derogable provision.
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