Period of limitation for commencement of arbitration. - What is ...

Arbitration Limitation Period Starts When Claimant Gains Right to Demand, Not When Dispute Arises.

May 22, 2023

Case Laws     Indian Laws     SC

Period of limitation for commencement of arbitration. - What is the breaking point? - For the purpose of section 37 (1) anction and cause of arbitration should be construed as arbitration and course of arbitration. The cause of arbitration arises when the claimant becomes entitled to raise the question, that is, when the claimant acquires that right to require arbitration. - when the bank guarantee came to be encashed in the year 2016 and the requisite amount stood transferred to the Government account that was the end of the matter. This “Breaking Point” should be treated as the date at which the cause of action arose for the purpose of limitation. - SC

View Source