When Does the Clock Start Ticking? The Interplay Between Sections 33 and 34 of the Arbitration and Conciliation Act, 1996
by Arush Khanna* and Gurdev Singh Tung**
Section 34 Arbitration Act
‘Civil suit cannot be filed to declare arbitral award a nullity’; Delhi HC rejects suit challenging award on grounds of fraud in coal supply agreement
“Arbitration, chosen by consent, cannot be overridden by post-facto civil suits on allegedly rediscovered facts otherwise arbitration will turn into a never-ending cycle of challenges.”
Delhi High Court: Unilateral arbitrator appointment invalid without express written waiver under Section 12(5) of Arbitration Act
“The waiver under Section 4 of the Arbitration and Conciliation Act, 1996 will be inapplicable to the unilateral appointments as it is governed by Section 12(5), which specifically provides for waiver by express agreement in writing.”
Detailed Breakdown of Gujarat High Court Ruling on Delay in curing registry defects under Section 34 and its impact on arbitration applications
The Court noted that the registry did not follow the procedure prescribed in the GHC Rules for movement of the papers from the registry to the competent Court, thus there was no occasion for consideration by the Court concerned as to whether the respondents were entitled to condonation of delay in removal of office objections.