The Supreme Court of India clarifies that arbitrator ineligibility cannot be waived by conduct and may be challenged for the first time under Section 34 of the Arbitration and Conciliation Act, 1996

In Supreme Court of India’s Bhadra International v. Airports Authority of India, unilateral appointment of arbitrators by interested government officials was held void ab initio under Section 12(5). Waiver requires an express, written, post-dispute agreement—mere participation or “no objection” is insufficient. Ineligibility is a jurisdictional defect, allowing challenge even at the Section 34 stage. Arbitrators must secure written waiver at the outset or withdraw.