Arbitration and Conciliation Act, 1996, Section 34 -- Arbitration award - Objections - Condonation of delay - Administrative difficulties not a valid reason to condone delay above and beyond the statutory prescribed period u/s 34 of Arbitration Act...........
Arbitration and Conciliation Act, 1996, Section 34 -- Petition u/s 34 of the Act - Court while deciding said petition has no jurisdiction to remand matter to Arbitrator for a fresh decision...........
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 17 -- Applicability of S.17 of Limitation Act to Arbitral award - Once party has received award, limitation period u/s 34(3) of Arbitration Act commences - S.17 of Limitation Act would not come to rescue of such objecting party...........
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 17 -- Applicability of S.17 of Limitation Act to Arbitral award - Once respondents received award, time u/s 34(3) commenced and any subsequent disability even as per S.17 or S.9 of Limitation Act is immaterial - Merely because appellant committed some fraud, it would not affect respondents..........
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 17, 29(2) -- Applicability of S.17 of Limitation Act to Arbitral award - Arbitration Act is a `special law' which prescribes a specific period of limitation in S.34(3) for filing objections to an arbitral award passed under Arbitration Act - Consequently, provisions of Arbitration Act would..........
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 17, 29(2) -- Applicability of S.17 of Limitation Act to Arbitral award - Extending S.17 of Limitation Act to S.34 of Arbitration Act would do violence to scheme of Arbitration Act and go contrary to principle of `unbreakability' enshrined u/s 34(3) of Arbitration Act...........
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 17 -- Applicability of S.17 of Limitation Act to Arbitral award - Finality is a fundamental principle enshrined under Arbitration Act and a definite time limit for challenging an award is necessary for ensuing finality - If S.17 were to be applied, an award can be challenged even after 120..........
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 17 -- Applicability of S.17 of Limitation Act to Arbitral award - A party can challenge an award as soon as it receives award u/s 34 of Arbitration Act - Once award is received a party has knowledge of award and limitation period commences - Objecting party therefore, precluded from invoking..........
Arbitration and Conciliation Act, 1996, Section 34(2)(a) -- Arbitral award - Setting aside - Proof - Ordinarily anything beyond Arbitration record not required - However, matter not contained in such record may be brought to notice of Court by way of affidavits - Cross examination of persons swearing to the affidavits should not be allowed unless absolutely necessary...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Territorial jurisdiction - Courts in Mumbai having exclusive jurisdiction as per agreement between parties - It is thus, Mumbai Courts alone before which S.34 application can be filed - Arbitration that was conducted at Delhi was only at a convenient venue and that does not confer jurisdiction to Courts..........
