ENA State 2024-07-11 17:17:02 <p><span style="font-size:14px"><strong>Jammu, Jul 11 (KNN)</strong> 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.</span></p> <p><span style="font-size:14px">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.</span></p> <p><span style="font-size:14px">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.</span></p> <p><span style="font-size:14px">All necessary information for legal review must be gathered expeditiously. The Law Department must decide on challenging arbitration awards within specific timeframes.</span></p> <p><span style="font-size:14px">Furthermore, the circular emphasises that delays in filing appeals under Section 37 of the Arbitration Act should be exceptions rather than the norm.</span></p> <p><span style="font-size:14px">The circular also introduces specific timelines for different stages of arbitration processes, including deadlines for evaluating arbitral awards, initiating challenges, and processing judicial appeals.</span></p> <p><span style="font-size:14px">The circular draws attention to the Arbitration and Conciliation Act, 1996, which sets strict time limits for various stages of arbitration.</span></p> <p><span style="font-size:14px">Legal precedents, including 'Assam Urban Water Supply &amp; Sewerage Board v. Subash Projects &amp; Mktg. Ltd.' and 'Union of India v. Popular Construction Co.', underscore the crucial nature of these time limits and their general inextensibility.</span></p> <p><span style="font-size:14px">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.</span></p> <p><span style="font-size:14px"><em><strong>(KNN Bureau)</strong></em></span></p> 38566 https://knnindia.co.in/news/newsdetails/state/jk-law-department-mandates-adherence-to-time-limits-in-arbitration-cases 2024-07-11 17:17:02 knnindia.co.in