https://www.taxtmi.com/article/detailed?id=8120 Whether the one year disposal requirement for challenges to arbitral awards is mandatory or directory hinges on statutory purpose and consequences: although the provision uses "shall" and prescribes a one year procedural time limit measured from notice, it contains no sanction for breach, creating ambiguity. Courts have preferred a directory construction to preserve judicial discretion and prevent forfeiture of justice in complex matters or where systemic delay occurs; legislative amendment to temper the absolute phrasing would align the statute with its expeditionary aim. en-us Tue, 14 Aug 2018 07:46:32 +0530 Tue, 14 Aug 2018 07:46:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/article/detailed?id=8120 Whether the one year disposal requirement for challenges to arbitral awards is mandatory or directory hinges on statutory purpose and consequences: although the provision uses "shall" and prescribes a one year procedural time limit measured from notice, it contains no sanction for breach, creating ambiguity. Courts have preferred a directory construction to preserve judicial discretion and prevent forfeiture of justice in complex matters or where systemic delay occurs; legislative amendment to temper the absolute phrasing would align the statute with its expeditionary aim. Articles Other Topics Tue, 14 Aug 2018 07:46:32 +0530 https://www.taxtmi.com/article/detailed?id=8120