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…