Limitation period for filing appeal under S. 37 of Arbitration Act

Tilak Marg Forum for Legal Questions Forums Arbitration Limitation period for filing appeal under S. 37 of Arbitration Act

This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 1 year, 4 months ago.

  • Author
    Posts
  • #1442

    What is the limitation period for filing appeal under Section 37 of the Arbitration and Conciliation Act, 1996, against setting aside or refusing to set aside arbitral award under Section 34 of the Act? There appears to be no mention of the limitation period in Section 37.

  • #1482

    No specific limitation period has been mentioned for filing an appeal under Section 37 of the Arbitration and Conciliation Act, 1996. However, the provisions of the Limitation Act, 1963, will have to be seen here, since Section 43 of the Arbitration and Conciliation lays down that the provisions of Limitation Act will apply. Under the provisions of the Limitation Act, a period of 90 days’ limitation has been laid down for filing an appeal to the High Court from a decree or order. Therefore, the limitation period for filing an appeal under Section 37 of the Arbitration and Conciliation Act can be said to be 90 days, if such appeal is to be filed to the high court from the district court order under Section 34 of the Arbitration and Conciliation Act.     


    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.

You must be logged in to reply to this topic.

Facebook Comments