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Can Apply For Setting Aside Arbitration Award From The Date Of Receipt of Signed Copy Of The Award

The Supreme Court, in Anilkumar Jinabhai Patel (D) v Pravinchandra Jinabhai Patel, has reiterated that the limitation period prescribed under Section 34(3) of the Arbitration and Conciliation Act would commence only from the date of the signed copy of the award delivered to the party making the application for setting it aside.

The bench of Justice RK Agrawal and Justice R Banumathi made this observation while referring to State of Maharashtra and Ors v Ark Builders Pvt Ltd, wherein it was held that the expression “...party making that application had received the arbitral award...” cannot be read in isolation and it must be understood that Section 31(5) of the Act requires a signed copy of the award to be delivered to each party.

The bench was hearing an appeal challenging a Bombay High Court judgment which held that challenge to the arbitral award was time-barred under the provisions of Section 34 of the Arbitration and Conciliation Act, 1996.

 Article referred: http://www.livelaw.in/limitation-period-application-setting-aside-arbitration-award-begins-date-signed-copy-award-delivered-party-making-sc-read-judgment/

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