The Delhi High Court, in the instant case, distinguished the ratio laid down in the case of Lion Engineering v. State of Madhya Pradesh, (2018) 16 SCC 758, wherein it was held by the Supreme Court that though the plea regarding the jurisdiction of the arbitrator being circumscribed by a special statute had not been taken before the arbitrator, it could be still be urged before the court under Section 34 of the Arbitration Act. The Delhi High Court held that, the challenge is not based upon any inherent lack of jurisdiction in the arbitrator but upon the reference order itself; in such a case, the party concerned cannot be permitted to participate in the arbitration proceedings, contest the claim on merits, and thereafter, raise a jurisdictional objection. As per the court, the underlying difference stems from the concept of consensual dispute resolution itself. Even in a case where a particular dispute is referred to the arbitrator, and the claimant thereafter seeks adjudication of other claims as well, if the respondent does not object, it can be taken to have agreed to submit the subsequent claims also to arbitration.