Limitation under Arbitration & Conciliation Act, 1940
Perumal Prabhu
(Querist) 15 June 2009
This query is : Resolved
Sir/Madam
What is the limitation to file an award (passed under Arbitration & Conciliation Act, 1940) before the Hon'ble court and make it as a decree?
Please give your suggestions
Murali Krishna
(Expert) 16 June 2009
Dear Prabhu,
Refer to S.37 of Arbitration Act, 1940. This section stipulates that limitation act applies to all arbitration proceedings. In your case, Art.119 of limitation applies. Limitation period is 60 days from the date of service of notice under Section 15 (1).
If arbitrator either on application of party or suo motu did not file award in court, party has recourse to apply to court under s.15(2)
H. S. Thukral
(Expert) 16 June 2009
The Arbitration and Conciliation Act is of 1996. The Arbitration Act is of 1940. Under the ACA 1996, an award, where no challenge has been preferred or the challenge preferred has been rejected within limitation period, can be executed as a decree under the provisions of CPC. There is no need to file it.
H. S. Thukral
(Expert) 16 June 2009
The Arbitration and Conciliation Act is of 1996. The Arbitration Act is of 1940. Under the ACA 1996, an award, where no challenge has been preferred or the challenge preferred has been rejected within limitation period, can be executed as a decree under the provisions of CPC. There is no need to file it.
H. S. Thukral
(Expert) 16 June 2009
The Arbitration and Conciliation Act is of 1996. The Arbitration Act is of 1940. Under the ACA 1996, an award, where no challenge has been preferred or the challenge preferred has been rejected within limitation period, can be executed as a decree under the provisions of CPC. There is no need to file it.
mahesh
(Expert) 16 June 2009
as per section 119 (a) of the Limitation act, 1963 the time limit prescribed is 30 days for filing in court an award passed under Arbitration & Conciliation Act, 1940(10 of 1940).
the time from which the period begins to run is that the date of service of the notice of the making of the award.
