Party who has actively participated in the arbitral proceedings, cannot challenge the unilateral appointment of the arbitrator, for the first time under Section 34 petition

Whether the unilateral appointment of the arbitrator can be challenged for the first time in a Section 34 petition?

Kanodia Infratech Limited v. Dalmia Cement (Bharat) Limited (Judgment dated 08.11.2021 in O.M.P. (COMM) 297/2021)

The High Court of Delhi held that a party who has actively participated in the arbitral proceedings, cannot challenge the unilateral appointment of the arbitrator, for the first time under Section 34 petition. Failure of the party to raise the objection at the earliest possible opportunity under Section 11, 12(5), 14, 15 and 16 of the Act, would deprive him to challenge the appointment under Section 34 application