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02 March 2021, Tuesday

3 years ago

2. Under Section 34 ACA, receiving an award means receiving a copy signed under Section 31 ACA (Supreme Court of India)

02 March 2021 | Dakshin Haryana Bijli Vitran Nigam Ltd. v. Navigant Technologies Pvt. Ltd. | Indu Malhotra & Ajay Rastogi JJ | 2021 SCC OnLine SC 157

The date on which the parties receive a copy of the award signed under Section 31 ACA is the date on which the award comes into legal effect. It is from this date that:

  1. The period of 30 days under Section 33 ACA for applying to correct or interpret the award or make an additional award begins.
  2. The arbitral proceedings terminate as provided by Section 32 ACA (subject to Section 33 ACA).
  3. The time limit specified under Section 34 (3) ACA to apply for setting aside an award starts to run.

Thus, held that even though the majority award was pronounced on 27 April 2018, the time limit started to run only on 19 May 2018 when the arbitrators delivered the signed copy of the award with the dissenting opinion.

Access the judgment here.

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Categories: Application for Setting Aside Arbitral Award | Correction and Interpretation of Award | Form and Contents of Arbitral Award | Section 31 ACA | Section 32 ACA | Section 33 ACA | Section 34 ACA | Termination of Proceedings

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