Time period for arbitration award cancellation start

[Anonymous]

Hello Sir the time period of 90 days to challenge the arbitration award starts from the date of the award or from the date of receiving the award by the party? If the award is passed on 15 January 2017 and it is received by party on 29 April 2017, when will 90 days period start?

[Dr. Ashok Dhamija]

Section 34 of the Arbitration and Conciliation Act clearly lays down that: “An application for setting aside may not be made after three months have elapsed from the date on which the party making that application had received the arbitral award…”.

Therefore, the limitation period of 3 months within which an application for setting aside the arbitral award is required to be made, begins from the date of receipt of award and not from the date of the award.

In your case, if the arbitral award has been received on 29 April 2017, then the limitation period will start on 29 April 2017 (in fact, 30 April 2017, since 29 April will be excluded from counting).

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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