Arbitration

How can I challenge ex-parte arbitration award

There is an ex-parte arbitration award passed against my company by a single arbitrator in 2015. Under the award the arbitrator has granted a claim of Rs. 5,00,000/- against my company. How can I challenge the award?

Expert Advice


Challenging the award will be difficult because the limitation period to challenge the award is only 3 months from the date of receipt of the award. You can challenge the award only if you have received/ become aware of the award less than three months ago. Also ex parte award is per se not a ground for challenging the award. The award must fall under one of the grounds under Section 34 of the Arbitration and Conciliation Act, 1996 and only then can an arbitration award be challenged.

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Adv. Parul Sharma

Partner
N. K. Sharma & Partners
Santacruz East , Mumbai


Dear sir, Award could be challenged only within 90 days from date of knowledge of award. In your case it appears that award is passed in 2015 and in that if you had knowledge, you cannot challenge the same now. In case you received award now, then you can still do it. Under law there is provision for delay condonation beyond 3 months. In extreme circumstances, it can be extended only by one month.

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