Does the period of limitation for making an application to set aside an arbitral award begin from the date the award is received by any means and from any source by the objector, or does it start from the date a signed copy of the award is delivered to him by the arbitrator?
Ruling in State of Maharashtra & Ors v M/s Ark Builders Pvt Ltd the Supreme Court held there is “no room for doubt that the period of limitation prescribed under section 34(3) of the Act would start running only from the date a signed copy of the award is delivered to/received by the party making the application for setting it aside under section 34(1) of the Act.” The act in question here is the Arbitration and Conciliation Act, 1996.
In the case, the arbitrator gave a signed copy of the award to the claimant, Ark, in whose favour the award was made on 20 March 2003. No copy of the award was, however, given to the respondent, the state of Maharashtra, apparently because it had failed to pay the arbitrator’s costs. As such, when on 16 December 2003 the state of Maharashtra decided to apply to have the award set aside, as it had not as yet received a copy of the award from the arbitrator it could not apply on time. This resulted in their application being rejected as it was time barred.
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The update of court judgments is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.
