https://www.taxtmi.com/caselaws?id=296067 Section 13A of the Arbitration Act 1950, inserted by the Courts and Legal Services Act 1990, was held to permit an arbitrator to take account of delay occurring before commencement when deciding whether to dismiss a claim for inordinate and inexcusable delay. Although the dismissal power operated only after commencement, its application depended on the overall period of inactivity, and the presumption against retrospectivity did not require pre-commencement delay to be ignored. The provision was read as aimed at curing stale arbitral claims and aligning arbitration with High Court jurisdiction, so the dismissal was upheld. en-us Thu, 16 Dec 1993 00:00:00 +0530 Fri, 02 Jul 2021 15:04:54 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=296067 Section 13A of the Arbitration Act 1950, inserted by the Courts and Legal Services Act 1990, was held to permit an arbitrator to take account of delay occurring before commencement when deciding whether to dismiss a claim for inordinate and inexcusable delay. Although the dismissal power operated only after commencement, its application depended on the overall period of inactivity, and the presumption against retrospectivity did not require pre-commencement delay to be ignored. The provision was read as aimed at curing stale arbitral claims and aligning arbitration with High Court jurisdiction, so the dismissal was upheld. Case-Laws Indian Laws Thu, 16 Dec 1993 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=296067