Legal Updates: S.34 of Arbitration

Thursday, March 16, 2023

On Arbitration : An Interesting View of High Court

On Arbitration : An Interesting View of High Court

An interesting Judgment has been passed by Hon'ble Delhi High Court on 20 February 2015.

In the context of Arbitration and Conciliation Act, 1996, it has been held at page 10 of MTNL v Fujitshu India Pvt Ltd [2015] GCtR 2421 (Delhi) thus : -

"The extent of judicial scrutiny under section 34 of the Act is limited and scope of interference is narrow. Under section 37, the extent of judicial scrutiny and scope of interference is further narrower. An appeal under section 37 is like a second appeal, the first appeal being to the court by way of objections under section 34. Where there are concurrent findings of facts and law, first by the Arbitral Tribunal which are then confirmed by the court while dealing with objections under section 34, in an appeal under section 37, the Appellate Court would be very cautious and reluctant to interfere in the findings returned in the award by the Arbitral Tribunal and confirmed by the court under section 34."

Kindly note that full text Judgments of Hon'ble Delhi High Court can be downloaded absolutely free of cost from the official website at the link : -

https://delhihighcourt.nic.in/judgment

Written by

Vishal

Delhi

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Friday, March 10, 2023

On Arbitration : An Important View of Supreme Court

On Arbitration : An Important View of Supreme Court

An important Judgment in the context of Arbitration and Conciliation Act, 1996 and Limitation Act, 1963 was passed by Hon'ble Supreme Court on 19 January 2012.

It has been commented at page 6 and 7 of Assam Urban Water Supply and Sewerage Board vs. Subash Projects and Marketing Limited [2012] GCtR 309 (SC) thus : -

"Section 4 of the 1963 Act reads as under :-

“4. Expiry of prescribed period when court is closed.-Where the prescribed period for any suit, appeal or application expires on a day when the court is closed, the suit, appeal or application may be instituted, preferred or made on the day when the court reopens. Explanation.-A court shall be deemed to be closed on any day within the meaning of this section if during any part of its normal working hours it remains closed on that day.”

"The above Section enables a party to institute a suit, prefer an appeal or make an application on the day court reopens where the prescribed period for any suit, appeal or application expires on the day when the court is closed. The crucial words in Section 4 of the 1963 Act are 'prescribed period'. What is the meaning of these words?
"Section 2(j) of the 1963 Act defines 'period of limitation' which means the period of limitation prescribed for any suit, appeal or application by the Schedule, and 'prescribed period' means the period of limitation computed in accordance with the provisions of this Act. Section 2(j) of the 1963 Act when read in the context of Section 34(3) of the 1996 Act, it becomes amply clear that the prescribed period for making an application for setting aside arbitral award is three months. The period of 30 days mentioned in proviso that follows sub-section (3) of Section 34 of the 1996 Act is not the 'period of limitation' and, therefore, not 'prescribed period' for the purposes of making the application for setting aside the arbitral award."

Kindly note that full text Judgments of Hon'ble Supreme Court can be downloaded absolutely free of cost from the official website at the link https://main.sci.gov.in/judgments - Then entering the date of Judgment, for example, as 19 January 2012.