Limitations
Section 43 of the Arbitration & Conciliation Act 1996 deals with limitations. The Limitation Act, 1963 (36 of 1963), shall apply to arbitrations as it applies to proceedings in court.
(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. PART II ENFORCEMENT OF CERTAIN FOREIGN AWARDS CHAPTER I TOWARDS New York Convention Awards
Section 43, The Arbitration & 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.
This section refers to
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Questions about Section 43
What does Section 43 of the Arbitration & Conciliation Act 1996 deal with?
Section 43 of the Arbitration & Conciliation Act 1996 is headed "Limitations". The Limitation Act, 1963 (36 of 1963), shall apply to arbitrations as it applies to proceedings in court.
How do I find court cases under Section 43 of the Arbitration & Conciliation Act 1996?
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 & Conciliation Act 1996 43, section 43 Arbitration & Conciliation Act 1996, section 43 of the Arbitration & Conciliation Act 1996. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 43 of the Arbitration & Conciliation Act 1996, 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. 1 other provision in this corpus refers back to it.
When was the Arbitration & Conciliation Act 1996 enacted?
Arbitration & Conciliation Act 1996 was enacted in 1996 as Act 26 of 1996. India Code records no commencement date for it. It is in force as at the date shown on this page.
Other sections of this Act
- 86. Repeal and saving13407 words
- 11. Appointment of arbitrators1361 words
- 31. Form and contents of arbitral award844 words
- 34. Application for setting aside arbitral award750 words
- 2. Definitions669 words
- 16. Competence of arbitral tribunal to rule on its jurisdiction589 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. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/e7283d27-161c-4275-922b-f30fe6390ba0.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/2ec9fd35-b242-47e6-b553-8dc993ceccec/content). This page is not a substitute for legal advice.