ABSTRACT
One aspect of law which has been radically adjusted by the Arbitration Act 1996 is the ‘codification’ of the right or otherwise of a party to an arbitration agreement to object to proceedings. This is enshrined in s 73. There has always been a general assumption in arbitration proceedings that a party who does not object to anything and who allows it to proceed is by consent waiving his right to later lodge an objection to it. It has, however, not been a principle with established certainty.
