Section 21 Arbitration Act 1996 defines COMMENCEMENT OF ARBITRATION as:
ADATE on which a REQUEST for that dispute to be REFERRED to ARBITRATION IS RECEIVED by the respondent — important for LIMITATION purposes
Bfiling of statement (cf. Arbitration and Conciliation Act 1996, Section 21) (cf. Arbitration and Conciliation Act 1996, Section 21)
Cfiling award (cf. Arbitration and Conciliation Act 1996, Section 21) (cf. Arbitration and Conciliation Act 1996, Section 21)
Dno date (cf. Arbitration and Conciliation Act 1996, Section 21) (cf. Arbitration and Conciliation Act 1996, Section 21)
Answer & Solution
Correct answer: A. DATE on which a REQUEST for that dispute to be REFERRED to ARBITRATION IS RECEIVED by the respondent — important for LIMITATION purposes
1. Section 21 Arbitration and Conciliation Act 1996:
2. 'Unless otherwise agreed by the parties, the ARBITRAL PROCEEDINGS in respect of a particular dispute commence on the date on which a REQUEST for that DISPUTE to be REFERRED to ARBITRATION IS RECEIVED by the RESPONDENT.'
3. IMPORTANT for:
4. (i) LIMITATION — Section 43 considers commencement;
5. (ii) Jurisdiction issues;
6. (iii) Interim measures.
7. The DATE of receipt of arbitration request is the trigger date — not filing of statement of claim.
8. PARTIES can otherwise agree on a different commencement date.
9. Hence option B is correct.
_Source: Arbitration and Conciliation Act 1996 (Bare Act) + Mediation Act 2023 — Arbitration and Conciliation Act 1996, Section 21_
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 43 Arbitration Act 1996 (LIMITATION) provides that the period of LIMITATION ACT 19Section 37 Arbitration Act 1996 lists APPEALABLE ORDERS: