Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
[Arbitration] Initial Filing Without Essential Documents Non Est In Law, Limitation Can't Be Circumvented By Curing Defects: Delhi High Court
The Delhi High Court has ruled that initial petitions filed under Section 34(3) of the Arbitration and Conciliation Act, which challenges an arbitral award, cannot be subsequently cured by filing essential documents that were missing at the time of the initial filing, especially if the statutory limitation period for filing such a challenge has already expired. The court held that such defective initial filings are considered "non-est" (not in existence in law) and cannot be revived by later submissions to circumvent the strict timelines prescribed under the Arbitration Act for challenging an award.