Definition provisions of the Arbitration Act, being a the basic structure of Law of Arbitration, are not derogable – Suresh Shah Vs. Tata Consultancy Services Ltd. – Delhi High Court
December 26, 2024
The Hon’ble Delhi High Court held that: (i) It is evident from the scheme of the Arbitration and Conciliation Act, 1996 that while party Autonomy is duly recognized but it also has a basic structure which is mandatory and does not permit any modification by mutual consent of the parties. (ii) Section 2(1)(f) of the Act, being a definition provision and is not derogable. (iii) The contention of delay of 7 years in raising a “new ground of challenge” to the Award emanating from ICA in Section 34 proceedings and the same being in contravention of the timeline prescribed by the Act, is not tenable.