Chambers of Bhuvnesh Shukla
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Arbitral Proceedings under the Arbitration and Conciliation Act, 1996, and the Court Applications before, during and after them.
An Arbitration is rarely confined to the Tribunal. A party may need the Court to refer the dispute, appoint the Arbitrator, protect assets while the case is heard, extend the Tribunal’s time, and finally to enforce the Award or set it aside. How those Applications are handled often matters as much as the Hearing itself.
Our Chamber acts for Claimants and Respondents in domestic Arbitrations, and in the connected Proceedings before the Commercial Courts, the Delhi High Court and the Supreme Court.
Getting the dispute to the right Tribunal.
The conduct of the reference.
Challenge and Enforcement.
Work done before a dispute is referred.
| Step | Time Limit | Source |
|---|---|---|
| Petition to Set Aside an Award | Three months from receipt of the Award. A further 30 days may be allowed for sufficient cause, and no more. | Section 34(3), Arbitration and Conciliation Act, 1996 |
| Making of the Award | 12 months from completion of Pleadings in a domestic Arbitration; six more by consent of the parties. | Section 29A, Arbitration and Conciliation Act, 1996 |
| Starting the Arbitration After Court Interim Relief | 90 days from the Court’s Order. | Section 9(2), Arbitration and Conciliation Act, 1996 |
| Appeal in a Commercial Matter | 60 days from the Order. | Section 37, read with Section 13(1A), Commercial Courts Act, 2015 |
Stated generally. Time limits turn on the facts and on the amendments in force; take advice on your own dates.
An Application under Section 8 asks the Court to refer the parties to Arbitration. It must be made no later than the date of submitting your first statement on the substance of the dispute, so it cannot be left until after the Written Statement is filed.
The grounds in Section 34 are narrow: incapacity of a party or an invalid agreement, lack of proper Notice or inability to present the case, an Award beyond the scope of the reference, an improperly constituted Tribunal, a dispute that cannot be arbitrated, or conflict with the Public Policy of India. A domestic Award may also be set aside for Patent Illegality on its face. The Court does not rehear the case or reassess the evidence.
No. Since the 2015 amendments, filing a Petition under Section 34 does not by itself stay the Award. A separate Application for Stay must be made, and for a money Award the Court will usually require a deposit or security.
For a domestic Arbitration, Section 29A requires the Award within twelve months of the completion of Pleadings. The parties may extend this by six months by consent; after that only the Court can extend the Tribunal’s mandate.
Yes. Under Section 9 the Court can grant Interim Measures before, during or after the Arbitration, such as securing the amount in dispute or preserving property. If relief is granted before the Arbitration starts, the Proceedings must be commenced within 90 days.
General information as of October 2026, not legal advice. Take advice on your own facts and dates.
To discuss a matter in this area, write to our Chamber with a brief outline.
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