Dilatory Arbitrators

Posted on by Rudrajyoti Nath Ray

Learned Arbitrator reserved his Arbitral Award on 28.07.2012 but pronounced it only on 16.03.2016. Significantly, no explanation worth the name was offered by him for the delay.

Passage of time invariably debilitates frail human memory. Even if detailed notes were made, they would be a poor substitute to what is fresh immediately after conclusion of hearings.

It is only in cases where negative effect of a delay is explicit, such delay can be construed to be a factor to set aside Learned Arbitrator’s Arbitral Award.

– Hon’ble Justice Sanjay Kumar, M/s. Lancor Holdings Limited v. Prem Kumar Menon, [Civil Appeal Nos. 10074-10075 of 2024].

Rudrajyoti Nath Ray's avatar
'The Last Word' seeks to include not only wise and witty sayings but also curiosities. These words are not of obligation but of delight. I am not alone in my refusal to believe, law is tedious. For all who escaped these percipient eyes, mea culpa maxima. History, after all, has many cunning passages, contrived corridors and issues.