Application for setting aside award Archives – National Forum for Research in Arbitration Law

Is dismissal of a set-aside petition on limitation appealable? Though answering no, the Delhi High Court granted a certificate for appeal to the Supreme Court.

December 9, 2020 Update by Editor

Chintels India Limited v. Bhayana Builders Pvt. Ltd. Court: Delhi High Court| Case number: FAO (OS) Comm. No. 68 of 2020 | Citation: Not available currently |Bench: Rajiv Sahai Endlaw and Asha Menon JJ | Date: 04 December 2020 Is an order dismissing a set-aside petition filed under

Is change of counsel a sufficient cause to condone delay in filing a set-aside application? A case comment on Delhi High Court’s Chintels India Limited v. Bhayana Builders Pvt. Ltd.

July 24, 2020 Case Comment by Gunjan Soni , Khushbu Turki

Court: Delhi High Court | Case Number: OMP (COMM) 444/2019 | Citation: MANU/DE/1163/2020 | Judge: Jyoti Singh J | Date: 4 June 2020 Can change in counsel be a ‘sufficient cause’ to condone delay under Section 34(3) ACA? On 4 June 2020, a single-judge bench of the Delhi High Court answered in

The entire period from the institution of the original proceedings to the termination of the appellate proceedings, including preparation of appeal, in the wrong forum to be excluded under Section 14 Limitation Act. Preparation for re-presentation in the right forum also excluded (Delhi HC)

July 3, 2020 Update by Kriti

NHPC Limited v. BGS-SGS-SOMA JV Court: High Court of Delhi| Case Number: OMP(COMM) 23/2020 |Citation: MANU/DE/1247/2020 | Judge: Rekha Palli J; Date:17 June 2020 A. TIME LIMIT TO FILE AN APPLICATION FOR SETTING ASIDE AN AWARD AND SECTION 14 OF THE LIMITATION ACT What happens to the limitation period if

Chintels India Limited v. Bhayana Builders Pvt. Limited Court: High Court of Delhi | Case Number: OMP (COMM) 444/2019 | Citation: Currently not available | Judge: Jyoti Singh J| Date: 4 June 2020 | Available at: https://indiankanoon.org/doc/117236752/ THE MAXIMUM LIMITATION TO FILE A SET ASIDE APPLICATION IS THREE MONTHS, AND ON COURT’S DISCRETION, ANOTHER THIRTY

The seat of the arbitration can be deduced from the conduct of not raising objections as to conduct of arbitration proceedings at a particular territory (Bombay High Court)

June 1, 2020 Update by Editor

Omprakash and others v. Vijay Dwarkada Varma MANU/MH/0543/202 High Court of Bombay (Nagpur); single-judge bench, Manish Pitale J decided on 27 April 2020 A partnership deed had an arbitration clause. The partners had a dispute. One of them applied for appointment of an arbitrator and the High Court made the

Category: Application for setting aside award

Is dismissal of a set-aside petition on limitation appealable? Though answering no, the Delhi High Court granted a certificate for appeal to the Supreme Court.

Is change of counsel a sufficient cause to condone delay in filing a set-aside application? A case comment on Delhi High Court’s Chintels India Limited v. Bhayana Builders Pvt. Ltd.

The entire period from the institution of the original proceedings to the termination of the appellate proceedings, including preparation of appeal, in the wrong forum to be excluded under Section 14 Limitation Act. Preparation for re-presentation in the right forum also excluded (Delhi HC)

The argument that there was a change of counsel, and new counsel took time given the complex and technical nature of the matter is not a “sufficient cause” to entertain a set-aside application filed after three-months (Delhi High Court)

The seat of the arbitration can be deduced from the conduct of not raising objections as to conduct of arbitration proceedings at a particular territory (Bombay High Court)