Arbitration & Commercial Disputes
Advocate Siddharth Shukla: Precision in Arbitration.
Counsel specializing in Arbitration, Constitutional Law, and Commercial Litigation, appearing across the length and breadth of the country.
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Critical Realities
Four realities every Award recipient must face immediately.
01
The limitation clock does not pause.
Section 34(3) grants three months to challenge an Award — with thirty days of discretionary extension. Beyond that, your right to challenge is extinguished permanently.
02
Stay is no longer automatic.
Post the 2015 Amendment, the Award creditor can enforce immediately. Assets may be attached before a stay is even argued.
03
Narrow Jurisdiction.
Section 34 is not an appeal. Courts do not re-examine facts. Grounds like patent illegality require precise identification and articulation.
04
Concurrent Enforcement.
If the Award is partially in your favour, you cannot wait. Enforcement proceeds independently — and interest runs from the date of default.
Areas of Practice
Arbitration and commercial litigation, end to end.
i.Challenge of Arbitral Awards — Section 34Limitation Critical
ii.Enforcement of Awards — Section 36Execution
iii.Opposition to Stay ApplicationsUrgent
iv.Appeals Under Section 37Appellate
v.Construction & Infrastructure DisputesCommercial
vi.PSU & Government Contract DisputesConstitutional
vii.Written Legal Opinions on Award MeritsAdvisory
viii.Service, Labour & Taxation DisputesMulti-Forum
The Section 34 window closes at three months. Not four.
Courts have repeatedly held that the condonable period is not a matter of course. Awards left unacted upon are permanently conceded.
3Months Primary
+30Days Condonable
120Days Max
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