Arbitration Appeals Are Bound By Rules Of Limitation: Kerala HC [Read Order]
story
A division bench of the High Court of Kerala has ruled that even in the absence of express provisions, arbitration appeals are bound by rules of limitation.An arbitration appeal under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996, was filed before the high court. The registry raised objections in numbering the appeal, as the same was preferred without a petition...
Your free access to Live Law has expired
Please Subscribe for unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments, Ad Free Version, Petition Copies, Judgement/Order Copies.
A division bench of the High Court of Kerala has ruled that even in the absence of express provisions, arbitration appeals are bound by rules of limitation.
An arbitration appeal under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996, was filed before the high court. The registry raised objections in numbering the appeal, as the same was preferred without a petition seeking condonation of delay.
The division bench presided by Justice V. Chitambaresh and Justice Satish Ninan upheld the objections raised by registry and held that even in absence of express provisions, an arbitral appeal ought to be preferred within the specified period of limitation of 90 days.
The Kerala Arbitration and Conciliation (Court) Rules 1997, provides that in the absence of express provisions in the rules, the provisions of the Code of Civil Procedure, 1908, and Kerala Civil Rules of Practice, 1971, would mutatis mutandis apply to the proceedings under the Act.
Taking cue from it, the bench held that since the limitation prescribed for appeal against decree or judgment under the Code before the high court was prescribed as 90 days, the same would be applicable in the case of an arbitral appeal as well.
Justice Chitambaresh explained the judicial wisdom of the court on the following lines: “The period of limitation for filing an appeal under the Code of Civil Procedure, 1908, to this court from any decree or order is ninety days from the date of the decree or order under Article 116(a) of the Limitation Act, 1963. It axiomatically follows that the period of limitation for filing an appeal under Section 37 of the Act against an order refusing to set aside an arbitral award is ninety days.”
Read the Order Here
Full View
An arbitration appeal under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996, was filed before the high court. The registry raised objections in numbering the appeal, as the same was preferred without a petition seeking condonation of delay.
The division bench presided by Justice V. Chitambaresh and Justice Satish Ninan upheld the objections raised by registry and held that even in absence of express provisions, an arbitral appeal ought to be preferred within the specified period of limitation of 90 days.
The Kerala Arbitration and Conciliation (Court) Rules 1997, provides that in the absence of express provisions in the rules, the provisions of the Code of Civil Procedure, 1908, and Kerala Civil Rules of Practice, 1971, would mutatis mutandis apply to the proceedings under the Act.
Taking cue from it, the bench held that since the limitation prescribed for appeal against decree or judgment under the Code before the high court was prescribed as 90 days, the same would be applicable in the case of an arbitral appeal as well.
Justice Chitambaresh explained the judicial wisdom of the court on the following lines: “The period of limitation for filing an appeal under the Code of Civil Procedure, 1908, to this court from any decree or order is ninety days from the date of the decree or order under Article 116(a) of the Limitation Act, 1963. It axiomatically follows that the period of limitation for filing an appeal under Section 37 of the Act against an order refusing to set aside an arbitral award is ninety days.”
Read the Order Here