Published on: October 7, 2023 at 09:15 IST
Court: Supreme Court of India
Citation: Union of India V. Tecco Trichy Engineers & Contractors (2005)
Honourable Supreme Court of India has held that delivery of an arbitral award by the Arbitral Tribunal and receipt by the party of the award sets in motion several periods of limitation. It is held that the time lines would be calculated from that date when the delivery of the copy of award by the Tribunal for the following Applications.
- Application for correction and interpretation of an Arbitral Award under Section 33(1) of the Arbitration and Conciliation Act, 1996 within 30 days
- Application for setting aside an Arbitral Award under Section 34(3) of the Arbitration and Conciliation Act, 1996 within 120 days
8. The delivery of an arbitral award under sub-section (5) of Section 31 is not a matter of mere formality. It is a matter of substance. It is only after the stage under Section 31 has passed that the stage of termination of arbitral proceedings within the meaning of Section 32 of the Act arises. The delivery of arbitral award to the party, to be effective, has to be “received” by the party.
This delivery by the Arbitral Tribunal and receipt by the party of the award sets in motion several periods of limitation such as an application for correction and interpretation of an award within 30 days under Section 33(1), an application for making an additional award under Section 33(4) and an application for setting aside an award under Section 34(3) and so on.
As this delivery of the copy of award has the effect of conferring certain rights on the party as also bringing to an end the right to exercise those rights on expiry of the prescribed period of limitation which would be calculated from that date, the delivery of the copy of award by the Tribunal and the receipt thereof by each party constitutes an important stage in the arbitral proceedings.
Drafted By Abhijit Mishra
