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IN THE HIGH COURT OF DELHI AT NEW DELHI
AVNEESH JHINGAN
Iffco Tokio General Insurance Company Ltd. – Appellant
Versus
Unison hotels pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. petition filed under the arbitration act. (Para 1 , 2) |
| 2. arguments regarding delay in award pronouncement. (Para 3) |
| 3. defense against delay objection explained. (Para 4) |
| 4. court hears parties and reviews records. (Para 5) |
| 5. delay not sole ground for setting aside award. (Para 6 , 7) |
| 6. arbitration clause restricts disputes. (Para 8 , 9 , 10 , 11) |
| 7. jurisdiction issue affected by settlement status. (Para 12 , 13) |
| 8. delay impacts arbitration's integrity. (Para 14 , 16) |
| 9. reasons for delay are insufficient. (Para 17 , 18) |
| 10. delay vitiates jurisdiction and findings. (Para 19) |
| 11. award set aside by the court. (Para 20) |
JUDGMENT :
AVNEESH JHINGAN, J.
1. This petition is filed under Section 34 of the Arbitration and Conciliation Act, 1996 (for short 'the Act') challenging the arbitral award dated 06.03.2023 (for short 'the Award').
FACTS
2. The brief facts are that the petitioner a company incorporated under the Companies Act, 1956 (for short 'the Companies Act'), is engaged in providing general insurance. The respondent a company registered under the Companies Act is engaged in the business of hospitality and manages hotels. The respondent got its hotel in Delhi insured b
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....
Substantial delay in pronouncing an arbitral award undermines justice and can be grounds for setting aside the award under public policy considerations.
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 the significance of adhering to the prescribed limitation period under the Arbitration Act and the requirement for parties to exercise their rights....
Undue and unexplained delay in an arbitral award can vitiate the award's validity under public policy.
Excessive and unexplained delay in arbitral proceedings vitiates the award, impacting fairness and leading to its annulment under public policy and patent illegality.
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