Section 43 Arbitration Act 1996 (LIMITATION) provides that the period of LIMITATION ACT 1963 shall apply to arbitration:
Answer & Solution
Correct answer: D.
1. Section 43 Arbitration and Conciliation Act 1996:
2. (1) The Limitation Act 1963 shall, save as otherwise provided by Express provisions of this Act, apply to arbitrations as it applies to proceedings in court.
3. (2) For the purposes of this section, an ARBITRATION shall be deemed to be COMMENCED on the date referred to in Section 21.
4. (3) If an arbitration agreement is or has been entered into, that the limitation period shall be excluded.
5. APPLICATION:
6. (i) Article 137 of the Limitation Act 1963 — 3 YEARS for any application for which no specific period is prescribed;
7. (ii) Article 119 - 30 days for an application under Article 34 of the Limitation Act 1963 to enforce an arbitral award.
8. PARK CONSTRUCTION COMPANY v. UoI, (2012) 14 SCC 712 confirmed time-bar issues.
9. Geo Miller v. Rajasthan Vidyut, (2020) 14 SCC 643 elaborated on cause of action.
10. Hence option B is correct.
_Source: Arbitration and Conciliation Act 1996 (Bare Act) + Mediation Act 2023 — Arbitration and Conciliation Act 1996, Section 43; Limitation Act 1963 Article 137_
Related questions
In SBP & Co. v. PATEL ENGINEERING LTD (2005) 8 SCC 618, the Supreme Court held that the JUSection 28 Arbitration Act 1996 specifies APPLICABLE LAW:Section 39 Arbitration Act 1996 grants the arbitral tribunal LIEN on the:INTERIM AWARD under Arbitration Act 1996:Section 38 Arbitration Act 1996 (DEPOSITS) requires parties to:DOMESTIC ARBITRATION versus INTERNATIONAL COMMERCIAL ARBITRATION:Section 21 Arbitration Act 1996 defines COMMENCEMENT OF ARBITRATION as:Section 37 Arbitration Act 1996 lists APPEALABLE ORDERS: