Avoiding A Non-est Filing: A Look At Common Filing Pitfalls Under Section 34 Of The Arbitration & Conciliation Act

Challenging an arbitration award under Section 34 of the Arbitration and Conciliation Act, 1996 ("A&C Act") is not just a procedural formality—it is a time-bound legal remedy which is governed by strict timelines. Section 34(3) of the A&C Act provides for an inflexible limitation period of three months from the date of receipt of the award (extendable only by 30 days upon sufficient cause being shown), post that the Courts cannot entertain a challenge petition.

Indian Courts, particularly the High Court of Delhi, has over the years created a robust jurisprudence on essentials of a valid filing under Section 34 of the A&C Act. The law has now evolved to distinguish between:

1. Defects that are fatal and render the filing non-est from inception, and