Limitation under Arbitration law starts when a Section 33 request is disposed of, even if the request is dismissed.

The limitation period for filing an application to set aside an arbitral award under Section 34(3) runs from the date a Section 33 request is disposed of, not only when the tribunal allows and corrects or modifies the award. The expression "disposed of" includes both allowance and rejection of the Section 33 application, so dismissal of that request also triggers the commencement of limitation. On that construction, the Section 34 application was treated as being within time because limitation began when the Section 33 applications were dismissed.

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Issues: Whether the limitation period for filing an application under Section 34(3) of the Arbitration and Conciliation Act, 1996 begins from the date on which an application under Section 33 is disposed of, even if the application is dismissed and no correction or modification is made to the arbitral award.

Analysis: Section 34(3) uses the expression "disposed of" in relation to a request under Section 33. The expression is not confined to cases where the arbitral tribunal allows the request and actually corrects or modifies the award. A disposal may take place either by allowing the application or by rejecting it. Therefore, the commencement of limitation under Section 34(3) is linked to the date of disposal of the Section 33 request, irrespective of the result of that request.

Conclusion: The limitation period under Section 34(3) commenced from 14.12.2015, when the Section 33 applications were dismissed, and the Section 34 application was within time.

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