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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice P.B. BALAJI
Unique Builders Rep. by its Managing Partner P. Nallasamy – Appellant
Versus
Union of India Represented by General Manager, Southern Railway – Respondent
| Table of Content |
|---|
| 1. challenge to arbitral award under section 34. (Para 1 , 2) |
| 2. delay in passing the award affects its validity. (Para 3 , 4 , 5 , 6 , 7) |
| 3. arbitral awards must be reasoned and timely. (Para 11 , 12 , 13 , 14 , 15 , 18) |
| 4. inordinate delay required to be explained. (Para 21 , 22 , 23) |
| 5. unexplained delay leads to award being set aside. (Para 24 , 25) |
| 6. final ruling based on identified delays. (Para 26) |
ORDER :
1. The award dated 30.09.2019 is under challenge under Section 34 of Arbitration and Conciliation Act, 1996 (in short 'Act').
2. I have heard Mrs.K.Aparna Devi, learned counsel for the petitioner and Mr.P.T.Ramkumar, learned Standing Counsel for the Railways. I have also gone through the records, including the impugned award of the learned Arbitrator, besides the decisions on which reliance has been placed by the learned counsel on the other side.
3. The learned counsel for the petitioner, Mrs.K.Aparna Devi, would make a preliminary argument with regard to delay in passing of the award and she would make elaborate submissions in this regard. According to the learned counsel for the petitioner, the delay in passing the award renders the award liable to be set aside,
Delay in passing an arbitral award must be justified; unexplained delays can invalidate the award under public policy.
An arbitral award can be set aside due to inordinate and unexplained delay in its issuance, negatively impacting the rights of the aggrieved party.
An arbitral award may be set aside if made after expiry of the arbitrator's mandate or due to undue delay impacting its validity, reflecting violations of natural justice.
The main legal point established in the judgment is that the applicants were entitled to the benefit of the amendment made to Section 34 of the Arbitration and Conciliation Act, 1997, and that the de....
Inordinate delay in the pronouncement of an arbitral award, without sufficient justification, renders the award patently illegal and subject to annulment under Section 34 of the Arbitration and Conci....
Undue and unexplained delay in an arbitral award can vitiate the award's validity under public policy.
Arbitral Award – Limitation – S. 34(3) specifically states that an application for setting aside may not be made after three months have lapsed from date of which party making an application had rece....
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