Section 34(3) of the Arbitration and Conciliation Act is as under:
“(3) 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 or, if a request had been made under Section 33, from the date on which that request had been disposed of by the arbitral tribunal:
Provided that if the Court is satisfied that the applicant was prevented by sufficient cause from making the application within the said period of three months it may entertain the application within a further period of thirty days, but not thereafter.”
Therefore, it appears that the language of the provision is neutral (and silent), and it does not refer to any specific party which made the request under Section 33 of the Act.
For example, suppose one party had made request under Section 33 for correction in award and the other party was given notice (as required under that section) of this request, then naturally, the other party may also wait for the decision of the arbitral tribunal under that section.
In my opinion, this limitation provision should be applicable to both parties because pendency of a request under Section 33 of the Act means that the proceedings are still going on and the award may be corrected or interpreted, as the case may be, by the arbitral tribunal.
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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