Serving Signed Copy Of Award To Employee Of Party Does Not Constitute Valid Service U/S 31(5) Of Arbitration Act: Bombay High Court
2 months ago

Serving Signed Copy Of Award To Employee Of Party Does Not Constitute Valid Service U/S 31(5) Of Arbitration Act: Bombay High Court

Live Law  

The Bombay High Court bench of Justices A.S. Chandurkar and Rajesh S. Patil has held that service of a signed copy of an award on an employee of a party to an arbitration agreement is not a valid service under section 31 of the Arbitration Act. Contentions: The appellants submitted that as per section 31 of the Arbitration Act, the arbitrator must send a signed copy of the award to all the parties involved. Ltd. the Supreme Court held that section 31 of the Arbitration Act contemplates that a signed copy of an award will be served on each party to an arbitration agreement. Ltd held that a signed copy of the award has to be served on each party to an arbitration agreement and service of such an award on the authorized representative of the party would not be a valid service for the purpose of section 31 of the Arbitration Act.

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History of this topic

Application U/S 34 Of Arbitration Act Not Maintainable If Not Filed With Copy Of Arbitral Award: Delhi High Court
Trending News
3 days, 12 hours ago

Application U/S 34 Of Arbitration Act Not Maintainable If Not Filed With Copy Of Arbitral Award: Delhi High Court

Live Law  

The Delhi High Court division bench of Justice Yashwant Varma and Justice Harish Vaidyanathan has held that an application under Section 34 of the Arbitration and Conciliation Act, 1996 is non-maintainable if it is not accompanied by a copy of the impugned award. The Single Judge after examining the material on record held that the original petition filed under Section …

Order Passed U/S 23(3) Of Arbitration Act Is Procedural & Not An Interim Award, Cannot Be Challenged U/S 34 Of Arbitration Act: Delhi High Court
3 days, 14 hours ago

Order Passed U/S 23(3) Of Arbitration Act Is Procedural & Not An Interim Award, Cannot Be Challenged U/S 34 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court Bench of Justice Subramonium Prasad has held that an order dismissing an application under Section 23 of the Arbitration & Conciliation Act is only a procedural order and does not qualify as an 'interim award' amenable to challenge under Section 34 of the Arbitration & Conciliation Act Brief Facts of the case: The petitioner issued a …

Arbitral Award Not Signed By All Members Of Tribunal Can Be Set Aside If Reasons For Omission Of Missing Signature Are Not Stated: Delhi High Court
2 weeks, 6 days ago

Arbitral Award Not Signed By All Members Of Tribunal Can Be Set Aside If Reasons For Omission Of Missing Signature Are Not Stated: Delhi High Court

Live Law  

The Delhi High Court Bench of Justice Prateek Jalan has observed that the signature of all members of the arbitral tribunal should be available on the award as the signing of an award is not a ministerial act but a substantive requirement. The requirement is referable to the need to ensure that all members of the tribunal have had an …

Plea That Signed Copy Of Award Was Not Received Cannot Be Raised For First Time In Appeal U/S 37 Of Arbitration Act: Gujarat High Court
1 month ago

Plea That Signed Copy Of Award Was Not Received Cannot Be Raised For First Time In Appeal U/S 37 Of Arbitration Act: Gujarat High Court

Live Law  

The Gujarat High Court bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi has held that the plea that limitation period for challenging the award under section 34 of the Arbitration and Conciliation Act, 1996 did not start as the signed copy of the award was not received by the party, cannot be raised for the first time in …

Award Cannot Be Set Aside When No Objections Were Raised Before Arbitrator Or Court U/S 12(5) Of Arbitration Act: Delhi High Court
1 month, 1 week ago

Award Cannot Be Set Aside When No Objections Were Raised Before Arbitrator Or Court U/S 12(5) Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justices C. Hari Shankar and Ajay Digpaul held that the award cannot be set aside solely on the ground that the appointment of the Arbitrator was illegal in view of section 12 of the Arbitration and Conciliation Act when no such objections were raised before the Arbitrator or the court under section 34 of …

Arbitration Act | Appellate Courts Can't Reassess Awards, Must Limit Enquiry On Public Policy Breach : Supreme Court
1 month, 2 weeks ago

Arbitration Act | Appellate Courts Can't Reassess Awards, Must Limit Enquiry On Public Policy Breach : Supreme Court

Live Law  

The Supreme Court reaffirmed that arbitral awards should only be interfered with in cases of perversity, violation of public policy, or patent illegality. It emphasized that appellate courts cannot reassess the merits of awards and must limit their inquiry to whether the award breaches Section 34 of the Arbitration Act i.e., if the award is against the public policy of …

[Arbitration Act] Application U/S 34 Without Award Copy Or Vakalatnama Is Merely A 'Stack Of Papers' Filed To Save Limitation: Delhi HC
1 month, 3 weeks ago

[Arbitration Act] Application U/S 34 Without Award Copy Or Vakalatnama Is Merely A 'Stack Of Papers' Filed To Save Limitation: Delhi HC

Live Law  

The Delhi High Court Bench of Justice Subramonium Prasad has held that a petition under Section 34 of the Arbitration Act, filed without the award itself, would not be a valid filing. An application under Section 34 of the Act, filed without an award and admittedly without a vakalatmana, can only be a stack of papers filed only to save …

Arbitral Award Cannot Be Challenged In Writ Petition, Party Must Use Remedy U/S 34 Of Arbitration Act: Delhi High Court
2 months ago

Arbitral Award Cannot Be Challenged In Writ Petition, Party Must Use Remedy U/S 34 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court Bench of Justice Sachin Datta has held that it cannot entertain a writ petition challenging an arbitral award, and the petitioner should challenge the award by taking recourse to appropriate remedies under Section 34 of the Arbitration Act. Brief Facts: The present petition challenged an arbitral award passed pursuant to reference to arbitration under Section 18 …

Award Passed By Ineligible Arbitrator Can Be Set Aside U/S 34 Of Arbitration Act: Jammu And Kashmir HC
2 months, 3 weeks ago

Award Passed By Ineligible Arbitrator Can Be Set Aside U/S 34 Of Arbitration Act: Jammu And Kashmir HC

Live Law  

The Jammu & Kashmir and Ladakh High Court bench of Justice Sanjay Dhar has held that award passed by an ineligible arbitrator is liable to be set aside under section 34 of the Arbitration Act. Observations: The court after referring to section 34 of the Arbitration Act observed that “an application for setting aside of award passed by an Arbitral …

Findings Of Arbitrator U/S 34 Of Arbitration Act Cannot Be Scrutinised As If Court Is Sitting In Appeal: Chhattisgarh High Court
3 months ago

Findings Of Arbitrator U/S 34 Of Arbitration Act Cannot Be Scrutinised As If Court Is Sitting In Appeal: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court bench of Justices Smt. Rajani Dubey and Shri Bibhu Datta Guru has held that findings of the Arbitrator cannot be scrutinised under section 34 of the Arbitration Act as if the court is sitting in appeal. The appellant submitted that the Commercial Court ought not to have interfered with the findings of the fact with respect …

Referral Court U/S 11 Of Arbitration Act Cannot Enter Into Merits Of Subject Matter Of Disputes: Rajasthan High Court
Trending News
3 months, 1 week ago

Referral Court U/S 11 Of Arbitration Act Cannot Enter Into Merits Of Subject Matter Of Disputes: Rajasthan High Court

Live Law  

The Rajasthan High Court bench of Justice Sudesh Bansal has held that the court under section 11 of the Arbitration Act cannot enter into merits of subject matter of the disputes. It submitted that since the disputes/ differences have arisen between the parties, due to noncompliance of the collaboration agreement, which are arbitral in nature and an arbitration agreement incorporated …

[Arbitration Act] S.2(1)(f) Is Non-Derogable, Applicability Cannot Be Excluded Even By Mutual Consent Of Parties: Delhi High Court
3 months, 1 week ago

[Arbitration Act] S.2(1)(f) Is Non-Derogable, Applicability Cannot Be Excluded Even By Mutual Consent Of Parties: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Neena Bansal Krishna has held that section 2 of the Arbitration Act which defined the International Commercial Arbitration is a non derogable provision and its applicability cannot be excluded even by mutual consent of the parties. However, certain Sections of the Act, like S.2 which is the definition section, form the basic structure …

Award Can Be Set Aside U/S 34 Of Arbitration Act If Arbitrator Travels Beyond Arbitration Agreement: Madhya Pradesh HC
Trending News
4 months ago

Award Can Be Set Aside U/S 34 Of Arbitration Act If Arbitrator Travels Beyond Arbitration Agreement: Madhya Pradesh HC

Live Law  

The Madhya Pradesh High Court bench of Justice Subodh Abhyankar affirmed that if arbitrator travels beyond the terms of the arbitration agreement while passing an award, such an award is liable to be set aside under section 34 of the Arbitration Act. Brief Facts This Arbitration Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 has been filed …

De-Jure Ineligibility To Act As Arbitrator U/S 12(5) Of Arbitration Act Can Be Waived Only By Express Agreement In Writing: Delhi High Court
Trending News
4 months, 1 week ago

De-Jure Ineligibility To Act As Arbitrator U/S 12(5) Of Arbitration Act Can Be Waived Only By Express Agreement In Writing: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Sachin Datta affirmed that de jure ineligibility to act as an arbitrator can only be waived, after dispute having arisen, by the parties by an express agreement in writing under proviso to section 12 of the Arbitration Act. The court referred to the Delhi High Court judgment in Reliance Infrastructure Limited v. Madhyanchal …

Arbitration Monthly Digest: October 2024
4 months, 1 week ago

Arbitration Monthly Digest: October 2024

Live Law  

Supreme Court Case Title: R.P. Case Title: LAVA INTERNATIONAL LIMITED Vs MINTELLECTUALS LLP Citation: 2024 LiveLaw 1114 The Delhi High Court bench comprising Justice Prateek Jalan has held that in orders passed by the arbitral tribunal under Section 17 of the Arbitration and Conciliation Act, 1996, the court is not bound by the principles underlying Order XXXVIII and XXXIX of …

Arbitrator's Finding Based On Proper Appreciation And Interpretation Of Prevalent Conditions: Gujarat High Court Dismisses Section 37 Appeal
11 months, 2 weeks ago

Arbitrator's Finding Based On Proper Appreciation And Interpretation Of Prevalent Conditions: Gujarat High Court Dismisses Section 37 Appeal

Live Law  

The Gujarat High Court division bench of Chief Justice Sunita Agarwal and Justice Aniruddha P Mayee dismissed appeal under Section 37 of the Arbitration and Conciliation Act, 1996 noting that arbitrator's finding was based upon the proper appreciation and interpretation of the prevalent conditions and the site inspection along with the documents on record. While the Arbitrator allowed only three …

Non Filing Of Arbitral Award Along Section 34 Is A Fatal Defect, Makes Filing Non-Est: Delhi High Court Dismisses Section 34 Petition
1 year ago

Non Filing Of Arbitral Award Along Section 34 Is A Fatal Defect, Makes Filing Non-Est: Delhi High Court Dismisses Section 34 Petition

Live Law  

The Delhi High Court single bench of Justice Prateek Jalan held that non filing of the arbitral award along with the Petition under Section 34 of the Arbitration and Conciliation Act, 1996 is a fatal defect, making such filing as non-est. Brief Facts: The Petitioner approached the Delhi High Court and filed a petition under Section 34 of the Arbitration …

Even If Arbitral Award Set Aside For Non-Compliance With Section 12, Parties Can File Fresh Section 11 Application For Arbitrator Appointment: Delhi High Court
1 year ago

Even If Arbitral Award Set Aside For Non-Compliance With Section 12, Parties Can File Fresh Section 11 Application For Arbitrator Appointment: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Dinesh Kumar Sharma held that mere invalidation or unenforceability of the arbitrator appointment process does not render the entire arbitration clause void. The bench held that even if an arbitration award is set aside due to unilateral appointment and non-compliance with Section 12 of the Arbitration Act, fundamental agreement between the parties …

Arbitration Agreement Valid Even If It Refers To Arbitration Act, 1940 As Applicable Law: Karnataka High Court
1 year, 1 month ago

Arbitration Agreement Valid Even If It Refers To Arbitration Act, 1940 As Applicable Law: Karnataka High Court

Live Law  

The Karnataka High Court single bench of Justice HP Sandesh held that even if an arbitration agreement erroneously refers to the 1940 Act after the enactment of the 1996 Act, it does not render the agreement invalid. The arbitration clause is reproduced below: “Clause VII – All disputes, differences and or claims arising out of this Hire Purchase Agreement shall …

Claims Related To Company Are Arbitrable Even Though It Is Non-Signatory To Arbitration Agreement, Delhi High Court Reinforces GOC Doctrine
1 year, 1 month ago

Claims Related To Company Are Arbitrable Even Though It Is Non-Signatory To Arbitration Agreement, Delhi High Court Reinforces GOC Doctrine

Live Law  

The Delhi High Court bench comprising Justice Pratibha M. Singh held that the disagreements related to the partners' business activities, whether conducted through the firm or the company, fall within the scope of arbitrable matters. Ltd. and held that common business ventures of the partners, whether conducted through the firm or the Company, fell within the purview of the arbitration …

Arbitral Awards Cannot Be Modified Under Sections 34 & 37 Of Arbitration & Conciliation Act : Supreme Court
1 year, 2 months ago

Arbitral Awards Cannot Be Modified Under Sections 34 & 37 Of Arbitration & Conciliation Act : Supreme Court

Live Law  

While deciding on a plea whether there is a scope of interference with arbitral awards under Section 34 and 37 of the Arbitration and Conciliation Act, 1996, the Supreme Court has reiterated the settled position of law that any attempt to “modify an award” while adjudicating Sections 34 and 37 petitions is not permissible under the Arbitration and Conciliation Act, …

Signed Arbitral Award Served On Lawyer Or Agent Of The Party Doesn't Constitute A Valid Delivery : Delhi High Court
1 year, 2 months ago

Signed Arbitral Award Served On Lawyer Or Agent Of The Party Doesn't Constitute A Valid Delivery : Delhi High Court

Live Law  

The High Court of Delhi has held that a copy of the signed arbitral award served only on the lawyer or the agent of the party does not constitute a valid delivery in absence of the delivery on the party itself. The Appellant/MoHFW challenged both the Arbitral Award and the Corrigendum Order before the learned Single Judge under Section 34 …

Issue Of Non-Stamping Of Arbitration Agreement Not Raised Before The Arbitrator, Cannot Be Raised Subsequently Under Section 34 Or 37 Of The A&C Act: Bombay High Court
1 year, 4 months ago

Issue Of Non-Stamping Of Arbitration Agreement Not Raised Before The Arbitrator, Cannot Be Raised Subsequently Under Section 34 Or 37 Of The A&C Act: Bombay High Court

Live Law  

The High Court of Bombay has held that if the issue of non-stamping or insufficient stamping of the arbitration agreement is not raised before the arbitrator or on the first possible opportunity, then it cannot be raised subsequently under Section 34 or 37 of the A&C Act. The Court held that an appeal to challenge an arbitral award cannot be …

Top 10 Arbitration Judgments [January To September 2023]
1 year, 5 months ago

Top 10 Arbitration Judgments [January To September 2023]

Live Law  

In recent times, several noteworthy judgments have been rendered by the Indian Courts in matters relating to the law of arbitration in India. Prior to the 2019 amendment, Section 34 of the Arbitration Act read that "an arbitral award could be set aside by the Court only if the the party making the application furnishes proof…". In conclusion, the Supreme …

Sending Scanned Copy Of A Signed Arbitral Award Through Email Constitutes A Valid Delivery Under Section 31(5) Of The A&C Act: Delhi High Court
1 year, 6 months ago

Sending Scanned Copy Of A Signed Arbitral Award Through Email Constitutes A Valid Delivery Under Section 31(5) Of The A&C Act: Delhi High Court

Live Law  

The Delhi High Court has held that an email sent by the arbitral tribunal to the parties wherein the scanned copy of the signed award is attached constitutes a valid delivery of the award under Section 31 of the A&C Act. The Court observed that although the first correction to the award was made on 07.03.2018 but it was delivered …

Courts Can Partially Set Aside An Arbitration Award, Doctrine Of Severability Is Enshrined Under Section 34 Of The A&C Act: Delhi High Court
1 year, 6 months ago

Courts Can Partially Set Aside An Arbitration Award, Doctrine Of Severability Is Enshrined Under Section 34 Of The A&C Act: Delhi High Court

Live Law  

The Delhi High Court has held that the Courts exercising powers under Section 34 of the A&C Act has the power to partially set aside an arbitration award to strike off the offending portion of the award while retaining the remaining award. The Court taking note of the nature of the relief sought and the decision of the Supreme Court …

Whether A Signed Copy Or Certified Copy Of The Award, Purpose Of S. 31(5) of A&C Act Is To Inform The Party: Bombay High Court
1 year, 11 months ago

Whether A Signed Copy Or Certified Copy Of The Award, Purpose Of S. 31(5) of A&C Act Is To Inform The Party: Bombay High Court

Live Law  

The Bombay High Court has ruled that the purpose of Section 31 of the Arbitration and Conciliation Act, 1996, which provides for delivery of the signed copy of the arbitral award, is of imparting knowledge to the party regarding the contents of the award, and to make the party aware that the limitation to raise a challenge has started to …

Delivery Of Arbitration Award To Employee/ Agent Of Party, Not A Valid Delivery Under Arbitration Act: Delhi High Court
2 years, 1 month ago

Delivery Of Arbitration Award To Employee/ Agent Of Party, Not A Valid Delivery Under Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court has ruled that delivery of arbitral award, to be effective under the Arbitration and Conciliation Act, 1996, must be made to a person who has direct knowledge of the arbitral proceedings. Challenging the arbitral award, the petitioner filed a petition under Section 34 of the A&C Act before the Delhi High Court. The petitioner, Monika Oli, …

Award Against Guarantor Who Is Not Member Of Multi State Co-Op Society, Without Jurisdiction: Bombay High Court
2 years, 2 months ago

Award Against Guarantor Who Is Not Member Of Multi State Co-Op Society, Without Jurisdiction: Bombay High Court

Live Law  

The Bombay High Court has set aside an award passed pursuant to an arbitral reference made under Section 84 of the Multi-State Cooperative Societies Act, 2002, since the award debtor was not a member of the Co-operative Society. The petitioner challenged that arbitral award by filing a petition under Section 34 of the Arbitration and Conciliation Act before the Bombay …

Weight Of Arbitration Award (Delivery) Cannot Be Just 55 Grams: Andhra Pradesh High Court
2 years, 4 months ago

Weight Of Arbitration Award (Delivery) Cannot Be Just 55 Grams: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court has held that an arbitration award would weight more than 55 grams and a consignment weighing 55 grams cannot be deemed to be a valid delivery of award. It held that, on denial of the respondent/applicant to go for arbitration, the correct recourse for the petitioner was to file an application for appointment of an …

Can't Maintain Proceedings U/S 34 Arbitration Act Before Two Fora: Gujarat High Court
2 years, 7 months ago

Can't Maintain Proceedings U/S 34 Arbitration Act Before Two Fora: Gujarat High Court

Live Law  

The Gujarat High Court, while dismissing the Civil Application of the Petitioner which challenged the award of the relevant arbitration, has observed that the Petitioner had 'conveniently' initiated two proceedings- one before the instant Bench and another before the District Court under Sec 34. The brief facts of the case were that the Petitioner had challenged the order of the …

Factual/ Legal Errors In Arbitral Award Falling Short Of Perversity Do Not Merit Interference U/S 34 Or 37 Of Arbitration Act: Delhi High Court
2 years, 10 months ago

Factual/ Legal Errors In Arbitral Award Falling Short Of Perversity Do Not Merit Interference U/S 34 Or 37 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court has observed that the Arbitrator or Tribunal is the final arbiter on facts as well as in law, and even errors, factual or legal, which stop short of perversity, do not merit interference under sec. 37 of the Act challenging the order dated 12.07.2017 passed by the Single Judge of High Court which had dismissed the …

Arbitration Award Can't Be Challenged In Different Jurisdiction Stating That There Was No Arbitration Agreement: Madhya Pradesh High Court
2 years, 11 months ago

Arbitration Award Can't Be Challenged In Different Jurisdiction Stating That There Was No Arbitration Agreement: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court has ruled that even if a party disputes the existence of an arbitration agreement, an application under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside an arbitral award cannot be filed in a Court not having jurisdiction under the arbitration agreement, solely on the ground that cause of action arose within …

Court Can Appoint An Arbitrator During The Pendency Of An Appeal Against An Award, Set Aside On Reasons Other Than Merit : Bombay High Court
2 years, 11 months ago

Court Can Appoint An Arbitrator During The Pendency Of An Appeal Against An Award, Set Aside On Reasons Other Than Merit : Bombay High Court

Live Law  

The High Court of Bombay has held that when an award is set aside for other reasons and not on merit, the parties are well within their rights to initiate fresh arbitration in respect of the same claims and pendency of an appeal against such an order is not a ground to refuse the appointment. Menon has further held that …

Order XXIII Rule 1(4) CPC Not Applicable To Application Challenging Arbitral Award U/S 34 Arbitration & Conciliation Act: Patna High Court
3 years, 1 month ago

Order XXIII Rule 1(4) CPC Not Applicable To Application Challenging Arbitral Award U/S 34 Arbitration & Conciliation Act: Patna High Court

Live Law  

The Patna High Court has held that an application filed under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbitral award is not a suit. Justice Anil Kumar Sinha rejected the petitioner's argument that liberty to file a fresh application was not sought by the Respondent while withdrawing its earlier application, and observed, "As per Section 19 …

Section 37 Arbitration Act A Complete Code; Order Under Sec 17(2) Enforcing Emergency Arbitrator's Award Not Appealable Under Sec.37 : Supreme Court
3 years, 7 months ago

Section 37 Arbitration Act A Complete Code; Order Under Sec 17(2) Enforcing Emergency Arbitrator's Award Not Appealable Under Sec.37 : Supreme Court

Live Law  

The Supreme Court has held that an order of enforcement of an Emergency Arbitrator's order made under Section 17 of the Arbitration and Conciliation Act is not appealable under Section 37 of the Act.Section 37 is a complete code so far as appeals from orders and awards made under the Arbitration Act are concerned, the bench of Justice RF Nariman …

Proceedings U/s 34 Arbitration & Conciliation Act Not Maintainable Against Foreign Award: Supreme Court
4 years, 3 months ago

Proceedings U/s 34 Arbitration & Conciliation Act Not Maintainable Against Foreign Award: Supreme Court

Live Law  

The Supreme Court has observed that the proceedings under Section 34 of the Arbitration and Conciliation Act is not maintainable to challenge a foreign award, In this case, Jindal filed a petition before the Bombay High Court under Section 34 of the Act challenging the partial award. & Anr and Venture Global Engineering v. Satyam Computer Services Ltd. & Anr, …

Application for Enforcement of Foreign Award Shall Not Be Dismissed Merely For Non-Production of Requisite Documents ‘At The Time Of Application’: SC [Read Judgment]
6 years, 4 months ago

Application for Enforcement of Foreign Award Shall Not Be Dismissed Merely For Non-Production of Requisite Documents ‘At The Time Of Application’: SC [Read Judgment]

Live Law  

“We make it clear that the said interpretation of the word “shall” as “may” is restricted only to the initial stage of the filing of the application and not thereafter”The Supreme Court has held that, at the initial stage of filing of an application for enforcement of a foreign award, non-compliance of the production of the documents mentioned in Section …

Application for Enforcement of Foreign Award Shall Not Be Dismissed Merely For Non-Production of Requisite Documents ‘At The Time Of Application’: SC [Read Judgment]
6 years, 4 months ago

Application for Enforcement of Foreign Award Shall Not Be Dismissed Merely For Non-Production of Requisite Documents ‘At The Time Of Application’: SC [Read Judgment]

Live Law  

“We make it clear that the said interpretation of the word “shall” as “may” is restricted only to the initial stage of the filing of the application and not thereafter”The Supreme Court has held that, at the initial stage of filing of an application for enforcement of a foreign award, non-compliance of the production of the documents mentioned in Section …

Limitation Period For Application For Setting Aside Arbitration Award Begins From The Date Of Signed Copy Of The Award Delivered To The Party Making It: SC [Read Judgment]
6 years, 11 months ago

Limitation Period For Application For Setting Aside Arbitration Award Begins From The Date Of Signed Copy Of The Award Delivered To The Party Making It: SC [Read Judgment]

Live Law  

The Supreme Court, in Anilkumar Jinabhai Patel v Pravinchandra Jinabhai Patel, has reiterated that the limitation period prescribed under Section 34 of the Arbitration and Conciliation Act would commence only from the date of the signed copy of the award delivered to the party making the application for setting it aside.The bench of Justice RK Agrawal and Justice R Banumathi …

Arbitral Award On The Issue Of Limitation Is An 'Interim Award': SC Suggests Amending S.34 Of Arbitration Act To Avoid Piecemeal Challenges [Read Judgment]
7 years, 1 month ago

Arbitral Award On The Issue Of Limitation Is An 'Interim Award': SC Suggests Amending S.34 Of Arbitration Act To Avoid Piecemeal Challenges [Read Judgment]

Live Law  

Piecemeal challenges like piecemeal awards lead to unnecessary delay and additional expense, the bench said suggesting an amendment in Section 34 of the ActThe Supreme Court, in Indian Farmers Fertilizer Co-Operative Limited v. Bhadra Products, has held that an award delivered by an arbitrator, which decides the issue of limitation, is an interim award, that can be challenged separately. Piecemeal …

Arbitral Award On The Issue Of Limitation Is An 'Interim Award': SC Suggests Amending S.34 Of Arbitration Act To Avoid Piecemeal Challenges [Read Judgment]
7 years, 1 month ago

Arbitral Award On The Issue Of Limitation Is An 'Interim Award': SC Suggests Amending S.34 Of Arbitration Act To Avoid Piecemeal Challenges [Read Judgment]

Live Law  

Piecemeal challenges like piecemeal awards lead to unnecessary delay and additional expense, the bench said suggesting an amendment in Section 34 of the ActThe Supreme Court, in Indian Farmers Fertilizer Co-Operative Limited v. Bhadra Products, has held that an award delivered by an arbitrator, which decides the issue of limitation, is an interim award, that can be challenged separately. Piecemeal …

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