Limitations
Section 43 of the Arbitration and Conciliation Act, 1996 deals with limitations. The Limitation Act, 1963 (36 of 1963), shall apply to arbitrations as it applies to proceedings in court. The Act came into force on 22 Aug 1996.
(1) The Limitation Act, 1963 (36 of 1963), shall apply to arbitrations as it applies to proceedings in court.
(2) For the purposes of this section and the Limitation Act, 1963 (36 of 1963), an arbitration shall be deemed to have commenced on the date referred to in section 21.
(3) Where an arbitration agreement to submit future disputes to arbitration provides that any claim to which the agreement applies shall be barred unless some step to commence arbitral proceedings is taken within a time fixed by the agreement, and a dispute arises to which the agreement applies, the Court, if it is of opinion that in the circumstances of the case undue hardship would otherwise be caused, and notwithstanding that the time so fixed has expired, may on such terms, if any, as the justice of the case may require, extend the time for such period as it thinks proper.
(4) Where the Court orders that an arbitral award be set aside, the period between the commencement of the arbitration and the date of the order of the Court shall be excluded in computing the time prescribed by the Limitation Act, 1963 (36 of 1963), for the commencement of the proceedings (including arbitration) with respect to the dispute so submitted.
Section 43, The Arbitration and Conciliation Act, 1996 (Act 26 of 1996).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
M/s B and T AG v. Ministry of Defence
Court's Decision & Legal Precedent
By s.43, the Limitation Act applies to arbitrations as to court proceedings. A s.11(6) appointment petition is governed by residuary Art.137 (three years); time runs from the ‘breaking point’ when bilateral negotiations finally failed / cause of action accrued, and the court at the pre-reference stage must refuse a claim that is ex facie time-barred. DATE-VERIFIED Judgement order-6.pdf ending NEW DELHI; MAY 18, 2023 (order index Judgement 2023-05-18; auto WRONG-DOC false positive from contract dates in factual matrix disregarded).
On this section: s.43 — Limitation Act applies to arbitrations and related court proceedings; s.11 petitions attract Art.137 via s.43.
-
Consolidated Engineering Enterprises v. Principal Secretary, Irrigation Department
Court's Decision & Legal Precedent
Section 43 makes the Limitation Act applicable to arbitrations as to court proceedings; s.34 applications therefore attract Limitation Act exclusions. Time spent bona fide in a court without jurisdiction is excludable under Limitation Act s.14 (mandatory exclusion), whereas s.5 extension is unavailable against the s.34(3) ‘but not thereafter’ outer limit. DATE-VERIFIED Judgement order-8.pdf 2008-04-03.
On this section: s.43 — gateway importing the Limitation Act (including exclusion provisions such as s.14) into arbitration and related court proceedings under the Act.
-
Hpcl Bio-fuels LTD vs Shahaji Bhanudas Bhad
Court's Decision & Legal Precedent
The Court applied the deeming fiction of commencement in Sections 21 and 43(2) and held that time spent pursuing insolvency proceedings under Section 9 IBC cannot be excluded under Section 14 of the Limitation Act when the arbitration is later invoked, the two proceedings being for different reliefs and of different character, and that the principle of Order 23 Rule 1 CPC bars a fresh Section 11(6) application after an unconditional withdrawal.
On this section: Applies Section 43(2)'s deemed date of commencement and, through Section 43(1), decides which earlier proceedings can and cannot be excluded in computing limitation.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 43
What have the courts held on Section 43 of the Arbitration and Conciliation Act?
M/s B and T AG v. Ministry of Defence (18 May 2023) is the leading judgment on this section among those set out below: s.43 — Limitation Act applies to arbitrations and related court proceedings; s.11 petitions attract Art.137 via s.43. Another 2 judgments on this section are set out below, all of them from the Supreme Court. They run from 2008 to 2023.
How do I find court cases under Section 43 of the Arbitration and Conciliation Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Arbitration Act 43, section 43 Arbitration Act, section 43 of the Arbitration and Conciliation Act. People searching for it also type arbitration act 1996 section 43. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with M/s B and T AG v. Ministry of Defence (18 May 2023).
What should I read with Section 43 of the Arbitration and Conciliation Act, and has it changed?
Its own text turns on section 21 (Commencement of arbitral proceedings), so none of them can safely be read on its own. 3 other provisions in this corpus refer back to it.
When did Section 43 of the Arbitration and Conciliation Act come into force?
Section 43 of the Arbitration and Conciliation Act, cited as Arbitration Act 43, came into force on 22 Aug 1996, having been enacted on 16 Aug 1996. It is in force as at the date shown on this page.
Other sections of this Act
- 8. Power to refer parties to arbitration where there is an arbitration agreement1029 words
- 11. Appointment of arbitrators1027 words
- 34. Application for setting aside arbitral awards861 words
- 2. Definitions732 words
- 29A. Time limit for arbitral award635 words
- 57. Conditions for enforcement of foreign awards519 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.