Whether an arbitrator is empowered and has jurisdiction to independently widen the scope of reference of an arbitration dispute under the Arbitration Act, 1940?
An arbitration agreement determines the scope and extent of the power and jurisdiction of an arbitrator and independent actions done by the arbitrator without prior consent of the parties is not valid.
The rule of acquiescence does not apply when the parties to the dispute participate in the arbitration proceedings post submitting their objections with respect to the arbitrator breaching the scope of the jurisdiction.