ISSUE:
When does the limitation period to file an application to set aside an arbitral award under Section 34 commence?
Who falls under the ambit of “party” and “party making the application” as per Section 31(5) and Section 2(h)?
RULE:
The limitation period to file an application to set aside an arbitral award under Section 34 begins on the date it is delivered to the party as per Section 31(5) of the Act.
A harmonious interpretation of Section 31(5), Section 2(h) & Section 34(3) defines a “party” as that who is explicitly involved in an arbitration proceeding and has the duty to deal with the award too.