The Boutique Law Firm

The period of limitation for filing the petition to set aside the arbitral award shall begin from the date when the signed copies of the award are received by the parties.

The Supreme Court, while deciding the issue that whether the period of limitation for filing the Petition under Section 34 of Arbitration and Conciliation Act would commence from the date on which the draft award was circulated to the parties, or the date on which the signed copy of the award was provided, held that “The period of limitation for filing the objections to the award u/s 34 commences from the date on which the party making the application has “received” a signed copy of the arbitral award, as required by Section 31(5) of the 1996 Act. Section 34(3) provides a specific time limit of three months from the date of “receipt” of the award, and a further period of thirty days, if the Court is satisfied that the party was prevented by sufficient cause from making the application within the said period, but not thereafter. In Union of India v. Popular Construction, this Court held that Section 5 of the Limitation Act, 1963 would not apply to applications filed under Section 34 of the Arbitration Act.”


DISCLAIMER

As per the rules of the Bar Council of India, we are not permitted to solicit work and advertise. The user acknowledges the following:

There has been no advertisement, personal communication, solicitation, invitation or inducement of any sort whatsoever from us or any of our members to solicit any work through this website. The user wishes to gain more information about us for his/her own information and use.

The information about us is provided to the user only on his/her specific request and any information obtained or materials downloaded from this website is completely at the user’s volition and any transmission, receipt or use of this site would not create any lawyer-client relationship.
The information provided under this website is solely available at your request for informational purposes only, should not be interpreted as soliciting or advisement. We are not liable for any consequence of any action taken by the user relying on material/information provided under this website. In cases where the user has any legal issues, he/she in all cases must seek independent legal advice.