“Non-est” filings entering the arena of arbitrations
Picture courtesy- Economic Times On an infrequent Saturday, the 7 th October 2023 , the Delhi High Court bench comprising of Suresh Kumar Kait and Neena Bansal Krishna, JJ., heard final arguments on the unique issue of whether a delay spanning from 50 to 55 days in filing and re-filing , respectively, of an application u/s 34 of the Arbitration and Conciliation Act, 1996 [“ Arbitration Act ”] leads to non-est filing. Union of India filed an appeal before the Delhi High Court u/s 37 of the Arbitration Act read with S.13 [1A] of the Commercial Courts Act, 2015 challenging the Single Judge’s decision of dismissing their application for setting aside the award granted by the Arbitrator. The Single Judge held that the application was a non-est filing since it was not accompanied by a copy of the assailed award and the same was attached to the application after 50 days beyond the limitation of filing prescribed u/s 34 of the Arbitration Act. Furthermore, a few more pages were a...
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