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Section 9(2) of the Act provides that where, before the commencement of the arbitral proceedings, a Court passes an order for any interim measure of protection under Section 9(1), the arbitral proceedings shall be commenced within:
A{'text': 'One hundred and eighty days from the date of such order under any provision of any law in force in any State of India regardless of any other consideration of any kind under any law in force', 'label': 'A'}
B{'text': 'Sixty days from the date of such order under any provision of any law in force in any State of India regardless of any other consideration of any kind under any law in force in any State of India', 'label': 'B'}
C{'text': 'Thirty days from the date of such order under any provision of any law in force in any State of India regardless of any other consideration of any kind under any law in force in any State of India', 'label': 'C'}
D{'text': 'Ninety days from the date of such order or within such further time as the Court may determine', 'label': 'D'}
Answer & Solution
Correct answer: D. {'text': 'Ninety days from the date of such order or within such further time as the Court may determine', 'label': 'D'}
1. Section 9(2) of the Act, as reproduced in Lesson 13, provides that arbitral proceedings must commence within **ninety days from the date of the interim-protection order** under sub-section (1), or within such further time as the Court may determine.
2. The 90-day rule was inserted by the 2015 Amendment to prevent pre-arbitral interim orders becoming standalone relief.
3. Section 9(3) further restricts the Court's entertaining of interim applications once the tribunal is constituted unless Section 17 remedies would be inefficacious.
_Source: ICSI CS Executive Paper 1 — Jurisprudence, Interpretation & General Laws, Lesson 13 (Arbitration and Conciliation Act, 1996), pp. 297-303._
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