LEGAL PRINCIPLE: ARBITRATION LAW – Setting Aside Arbitral Award – Limitation Period – Application under Section 30 Subject to Three-Month Time Limit
PRINCIPLE STATEMENT
Indeed there is only one period of limitation prescribed under the Act. Section 29 of the Act, which I have already reproduced provides that a party who is aggrieved by an arbitral award may within three months from the date of the award apply to the court to set aside the award. It is pertinent to point out here that the application the subject matter of this appeal, was for the setting aside of the arbitral award. Section 30 of the Act only sets out circumstances under which an application to set aside an arbitral award thereunder may be brought. This is why, I think it is absurd to suggest that section 30 should stipulate a time limit of its own for bring the application for which section 29(1) has already provided a time frame.
RATIO DECIDENDI (SOURCE)
Per Katsina-Alu, JSC, in Araka v. Ejeagwu (2000) NLC-511999(SC) at p. 7; Paras A–C.
"Indeed there is only one period of limitation prescribed under the Act. Section 29 of the Act, which I have already reproduced provides that a party who is aggrieved by an arbitral award may within three months from the date of the award apply to the court to set aside the award. It is pertinent to point out here that the application the subject matter of this appeal, was for the setting aside of the arbitral award. Section 30 of the Act only sets out circumstances under which an application to set aside an arbitral award thereunder may be brought. This is why, I think it is absurd to suggest that section 30 should stipulate a time limit of its own for bring the application for which section 29(1) has already provided a time frame."
EXPLANATION / SCOPE
The Arbitration and Conciliation Act prescribes a single limitation period of three months from the date of the award for any application to set aside an arbitral award. Section 29 establishes this time limit; Section 30 merely enumerates grounds for setting aside. It does not create a separate limitation period. The three-month period applies uniformly regardless of which section the application invokes. This ensures certainty and prevents attempts to circumvent the limitation period by invoking different sections. Time bar goes to competency; late applications must be struck out.