Limitation for Challenging Arbitral Award Chandigarh

Limitation for Challenging Arbitral Award – Chandigarh

In Dakshin Haryana Bijli Vitran Nigam limited V. Navigant Technologies Pvt. Ltd decided on 02/03/2021 The Supreme Court Of India Considered the position of limitations for filing the petition u/s 34 of the Arbitration And Conciliation Act 1996 as to whether it would commence from the day of receipt of signed copy of award or from the date on which the draft award is circulated to the parties. The court observed as under;

“there is only one date recognized by law i.e., the date on which a signed copy of final award is received by the parties, from which the period of limitation for filing objections start ticking. There can be no finality in the award, except after it is signed, because signing of award gives legal effect and finality to the award.”

It was further observed that section 34(3) provides a specific time limit of three months from the date of receipt of the award and further period of thirty days, if the Court  is satisfied that the party was prevented by sufficient cause from making the application with in the said period but not thereafter.

It has been further observed that if the objections are not filed within the period prescribed by section 34, the award holder is entitled to move for enforcement of the arbitral award as a deemed decree of the court under section 36 of the act.

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