Section 21 Arbitration Act 1996 defines COMMENCEMENT OF ARBITRATION as:
Answer & Solution
Correct answer: A.
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: