Arbitration act
Ramaprasad
(Querist) 22 October 2015
This query is : Resolved
One of the proposed amendments to the arbitration act prescribes a time limit of one year for proceedings under Section 34 to conclude.
Does it apply to fresh proceedings only or to ongoing cases also?
What happens if the court does not adhere to the time limit?
DR.VEDULA GOPINATH
(Expert) 23 October 2015
Normally prospective application by way of concluding of the proceedings or receipt of of award by parties shall be given. In the present law, time of receipt of award is given. Such a similar provision shall be specified. However, after President assent, Gazette notification shall be given.
It may be possible a cut off date of conclusion of arbitration proceedings or commencement of proceedings shall be addressed by delegated legislation.As we have seen other law amendments, concession of continuing the earlier law for the present proceedings prior to enactment is also anticipated.
It is appreciated that one year period for concluding the challenge is good as minimum 3-4 years is taking place especially in the District Civil courts level while Higher courts are expediting the cases fast.
Dr Vedula Gopinath advocate/arbitrator
Ramaprasad
(Querist) 23 October 2015
Thanks Dr Gopinath! I am not sure I have understood your reply properly. Do you mean that the one year time limit does not apply to cases which are already being heard at the time of gazette notification?
K.S.Srinivas
(Expert) 23 October 2015
Generally any amend take prospective effect only unless otherwise a specific mention is made.
Ramaprasad
(Querist) 23 October 2015
Thanks Mr Srinivas!
What happens if the court does not conclude proceedings in one year (in a new case)?
Ramaprasad
(Querist) 25 October 2015
An ordinance has been promulgated on 23rd October 2015 amending Section 34 of the arbitration act, prescribing the time limit of one year to dispose of the application challenging the arbitration award.
Section 37 of the arbitration act provides for appeal against the order of a court that has disposed of an application u/s 34, but no time limit has been specified for disposing of the appeal. Can the appellate court take any amount of time to dispose of the appeal or is the time limit of one year applicable to appeals also?
