A division bench of Bombay High Court recently held that a delay by an arbitrator to pass an award is “a misconduct as contemplated under the act” [Arbitration and Conciliation Act, 1996] and “the delayed award in question, in our view, is bad in law”.
Dismissing an appeal in Bharat Oman Refineries Ltd v M/s Mantech Consultants, the court upheld a September 2011 decision by a single judge to set aside an arbitration award made in August 2006, on the ground that it was made after a delay of two years and four months.
The court held that parties would be “remedy-less” if deprived of their right to apply to the court to set aside such an award under section 34 of the act.
You must be a
subscribersubscribersubscribersubscriber
to read this content, please
subscribesubscribesubscribesubscribe
today.
For group subscribers, please click here to access.
Interested in group subscription? Please contact us.
你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章，欢迎成为我们的订阅会员成为我们的订阅会员。
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.
