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The Supreme Court through its judgment dated 02.06.2026 in the matter of National Highway Authority of India v T. Younis & Another1 held that the limitation period for filing an application challenging the arbitral award is to be computed from the date on which the application under Section 33 of the Arbitration and Conciliation Act, 1996 (“A&C Act”) is disposed off by the arbitral tribunal.
Further, Supreme Court observed that once proceedings under Section 33 of A&C Act are initiated and entertained by the arbitral tribunal, the award remains subject to the limited jurisdiction of the tribunal for correction, interpretation, or supplementation as contemplated under the provision. As long as such proceedings remain pending, the parties cannot be compelled to institute proceedings under Section 34 of A&C Act as matter of abundant caution. The parties can effectively pursue their remedy under Section 34 of A&C Act only upon conclusion of proceeding under Section 33 of A&C Act.
Footnote
1. SLP (C) No. 7570 OF 2024.
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