J&K Law Department Mandates Adherence to Time Limits in Arbitration Cases

Jammu, Jul 11 (KNN) In a move to streamline arbitration proceedings, the Department of Law, Justice, and Parliamentary Affairs of the Government of Jammu and Kashmir has issued a circular emphasising the critical importance of adhering to strict time limits in arbitration cases.

The circular addresses longstanding issues in the handling of arbitration matters, noting that delays have often led to serious repercussions. Of particular concern is the practice of last-minute references to the Department, which has jeopardised the validity of appeals against arbitral awards due to expired limitation periods.

To address these issues, the Department has outlined specific measures. Departments must act swiftly upon receiving arbitration notices. Knowledgeable officers must be nominated to handle cases promptly.

All necessary information for legal review must be gathered expeditiously. The Law Department must decide on challenging arbitration awards within specific timeframes.

Furthermore, the circular emphasises that delays in filing appeals under Section 37 of the Arbitration Act should be exceptions rather than the norm.

The circular also introduces specific timelines for different stages of arbitration processes, including deadlines for evaluating arbitral awards, initiating challenges, and processing judicial appeals.

The circular draws attention to the Arbitration and Conciliation Act, 1996, which sets strict time limits for various stages of arbitration.

Legal precedents, including 'Assam Urban Water Supply & Sewerage Board v. Subash Projects & Mktg. Ltd.' and 'Union of India v. Popular Construction Co.', underscore the crucial nature of these time limits and their general inextensibility.

Legal experts have welcomed this move, seeing it as a step towards aligning the Union Territory's arbitration practices with national standards and improving the overall efficiency of dispute resolution mechanisms.

(KNN Bureau)