Case Comment: Undue Delay in Passing Arbitral Award as a Ground for Challenge?

Indian Journal of Law and Policy Review, Volume 2, Issue 1, pp. 185- 195, January 2013

11 Pages Posted: 17 Jan 2013

Abstract

Three recent judgements of the Delhi High Court deal with the issue as to whether long delay by the arbitral tribunal in passing the arbitral award is sufficient reason for setting aside the award. Delay per se should not be a ground for setting aside the award. The parties should approach the tribunal first and in case the tribunal fails to pass the award within reasonable time, the parties should approach the court under § 14 of the 1996 Act for termination of the tribunal’s mandate. Further, the prevailing legal position that awards passed long after the conclusion of hearings long where delay leads to patent illegality or results in the award being contrary to the public policy of India are liable to be set aside is nothing but a test to examine if such awards are contrary to the public policy of India.

Keywords: Setting Aside, Arbitral Award, Challenge, Arbitration and Conciliation Act 1996, public policy, undue delay

JEL Classification: K10, K30, K33, K39, K40, K41

Suggested Citation

Srinivasan, Badrinath, Case Comment: Undue Delay in Passing Arbitral Award as a Ground for Challenge?. Indian Journal of Law and Policy Review, Volume 2, Issue 1, pp. 185- 195, January 2013, Available at SSRN: https://ssrn.com/abstract=2201338

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