Arbitration Petition
Vijay Sharma
(Querist) 28 December 2010
This query is : Resolved
Hi,
I want to know whether the time period of filing Arbitration Petition is 90 days from the date of passing of the Award or from the date on which the copy of Award is received ? the Award was passed on 6th Oct, 2010 and copy of award was frowarded by the Opponent Advocate on 16th Dec, 2010
and Can anyone provide me a copy of Arbitration Petition
yogesh
(Expert) 28 December 2010
if award is passed what is the meaning of the Arbitration petition? Arbitration petition is made before the award
Vijay Sharma
(Querist) 28 December 2010
Hi thanks for the reply but then how do i challenge the final award as most of the advocates i consulted suggested me to file arbitration petition only.
H. S. Thukral
(Expert) 28 December 2010
It is objection petition under section 34 of the Arbitration and Conciliation Act. Limitation shall start from the date when a copy of the award is forwarded to the party.
Vijay Sharma
(Querist) 28 December 2010
Thank You Mr. Thukral i also wanted to request you if you could provide me with a sample copy of the Petition. I would be highly obliged....
Devajyoti Barman
(Expert) 28 December 2010
The time starts from the date of receipt of the award and at the time of filing petition u/s 34 of the Act there is absolutely no necessity to annex the arbitration petition though you can re produce the documents you relied upon again.
Advocate Bhartesh goyal
(Expert) 28 December 2010
Limitation for filing objection petition u/s 34 of Arbitration and Conciliation Act1996 is 90 days from the receipt of copy of Award.
Vijay Sharma
(Querist) 29 December 2010
Thank you Mr Goyal.
One more thing which i am confused and which i wanted to clear is that whether to file a petition or an appeal against an exparte final award of the arbitration tribunal.
Can any one provide me a sample of arbitration petition and appeal as the limitation period is getting over by 10 jan, 2011.
Thanks & Regards
Vijay Sharma
H. S. Thukral
(Expert) 29 December 2010
Even to set aside ex-parte award, you have to file an Objection petition under section 34 of the ACA. Performa for an objection petition can not be described without facts but it should be like any other first appeal.
