In this article, the Aimen Reshi, Managing Associate, C&S Partners as a Co-author examines the Supreme Court’s restrictive interpretation of Section 5 of the Limitation Act in the context of arbitration appeals, using a recent judgment authored by Justice Rohinton F. Nariman as a focal point. The analysis highlights how the Court reaffirmed that delays in filing appeals under Section 37 of the Arbitration and Conciliation Act cannot be liberally condoned, given the statute’s objective of ensuring speed, finality, and minimal judicial intervention. By contrasting the general flexibility of Section 5 with the stricter timelines embedded in arbitration law, the article illustrates Justice Nariman’s characteristically pragmatic approach, the one that balances procedural discipline with commercial realities. The piece ultimately underscores how this decision reinforces India’s pro‑arbitration jurisprudence by preventing dilatory tactics and preserving the efficiency of the arbitral process.
The original article can be accessed here.