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  • Is Writ Petition Maintainable Against Arbitral Award

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    Yash Kataria
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    The document discusses when a writ petition can be filed against an arbitral award under Indian law. It summarizes two Supreme Court cases that establish that Section 34 of the Arbitration Act is the only way to challenge an arbitral award, and that any petition under Section 34 must be filed within the 3 month limitation period specified in the Act. Failing to file within this period means a party cannot later challenge the award. Strict adherence to this statutory timeline is required.

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    Is writ petition maintainable against arbitral award

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    The document discusses when a writ petition can be filed against an arbitral award under Indian law. It summarizes two Supreme Court cases that establish that Section 34 of the Arbitration Act is the only way to challenge an arbitral award, and that any petition under Section 34 must be filed within the 3 month limitation period specified in the Act. Failing to file within this period means a party cannot later challenge the award. Strict adherence to this statutory timeline is required.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    14 views1 page

    Is Writ Petition Maintainable Against Arbitral Award

    Uploaded by

    Yash Kataria
    The document discusses when a writ petition can be filed against an arbitral award under Indian law. It summarizes two Supreme Court cases that establish that Section 34 of the Arbitration Act is the only way to challenge an arbitral award, and that any petition under Section 34 must be filed within the 3 month limitation period specified in the Act. Failing to file within this period means a party cannot later challenge the award. Strict adherence to this statutory timeline is required.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 1

    Is writ petition maintainable against arbitral award

    Judgement Para conclusion


    Bhaven Construction vs. 12,13,17,18 Arbitration act is a complete
    Executive Engineer Sardar code in itself and judicial
    Sarovar Narmada Nigam interference and section 34
    Limited and Another is the only remedy
    (SC)
    P. Radha Bai vs. P. Ashok 32 Section 34 is the only
    Kumar (SC) remedy to challenge an
    arbitral award

    No petition under s34 can be filed beyond the period prescribed under the
    act
    Judgement Para conclusion
    P. Radha Bai vs P. Ashok 32.1, 32.2,32.3, 32.4 One does not have to look at
    Kumar the Limitation Act or any
    (SC) other provision for
    identifying the limitation
    period for challenging an
    award passed under Part I of
    the Arbitration Act. Section
    34(3) uses the phrase "an
    application for setting aside
    may not be made after three
    months have elapsed". The
    phrase "may not be made" is
    from the UNCITRAL Model
    Law and has been
    understood to mean "cannot
    be made".
    Simplex Infrastructure Ltd. 9 the statutory limit to
    v. Union of India, challenge the arbitral award
    has to be strictly adhered to

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