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Arbitration Award after efflux of prescribed time – Valid or invalid?
Case Law Details
- Case Name
- Bharat Oman Refineries Ltd. Vs M/s. Mantech Consultants (Bombay High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Bombay High Court
The parties cannot be deprived of their rights to challenge the award on the ground that there is a delay of 2 years and four months and the Award as declared after such a long period, in our view, can be challenged under Section 34 of the Act. The party cannot be remedy-less. Even under Section 16, the objection even if decided, can be re-agitated under Section 34 of the Act. There is no such scheme for the delayed action of the Arbitrator. Considering the aforesaid aspects, in our view, the award is bad in law.
The learned Single Judge has referred and relied upon Section 15 of the Act. It m...
Sinply put, agreement between the parties cannot supercede rights provided under statute. Just because parties have agreed that award made by the arbitrator is final and cannot be agitated further, it does not waive of the rights of the parties under the statute.