Supreme Court of India: Whether An Order Refusing To Condone The Delay In Filing An Application To Set Aside A Domestic Award Under Section 34 Is Appealable Under Section 37 Of The Indian Arbitration Act

Before dealing with the issue at hand, it is useful to note the appeal mechanism as provided under Section 37 of the Arbitration & Conciliation Act, 1996 (‘Act’) and its interface with Section 34 (Appeal orders) of the Act. Section 37(1)(c) inter alia provides that an appeal shall lie from the following orders (and from…

Supreme Court of India: Whether the ‘Administrative Difficulties’ Could Be A Valid Reason for Condoning the Delay in Challenging a Domestic Award Beyond the Statutory Prescribed Period?

Section 5 of the Limitation Act, 1963 of India (‘Limitation Act’) enables the Court to admit an appeal or an application after the expiry of the prescribed period on ‘sufficient cause’ being shown for the delay. Further, Section 14 of the Limitation Act deals with ‘Exclusion of time of proceeding bona fide in court without…

Supreme Court of India: Power to Grant Pre & Post Award Interest in India

In Vedanta Limited vs Shenzhen Shandong Nuclear Power, Civil Appeal No.10394 of 2018, decided on 11 October 2018, the Supreme Court of India set the parameters for the arbitral tribunal to award interest in international commercial arbitrations. While doing so, the Court noticed that the current practice of awarding interest in international commercial arbitrations is…

Supreme Court of India: From when does the limitation period for challenging the award triggers if an application for correction of an award is filed under Section 33 of the Indian Arbitration Act?

Section 33 of the Indian Arbitration Act (the Act) provides a time limit of 1 month from the receipt of the arbitral award for filing an application for correction and interpretation of an award before the arbitral tribunal. Further, as per Section 34(3) of the Act, in case, a party has filed an application under…