Recently, the High Court of Delhi, while deciding a petition
filed under Section 34 of the Arbitration and Conciliation Act,
1996 ("Act") challenging an order passed
by an arbitrator, held that claims that have already been raised in
the notice of arbitration are not barred by limitation even if they
are not part of the statement of claim. The judgment is also
important in that it analyses the law on arbitral orders that are
challengeable under Section 34 of the Act which deals with
applications for setting aside arbitral awards.
The Delhi High Court's decision was in the matter of
M/s. Cinevistaas Ltd. V. M/s. Prasar
Bharti, O.M.P. (COMM) 31/2017. The
Petitioner, Cinevistaas Ltd., had undertaken production of a game
show the telecast of which was approved by Prasar Bharti, which is
the public service broadcaster established under a statute. When
Prasar Bharti informed Cinevistaas that the show would not be
aired, the latter triggered arbitration and a sole
