Application u/s 11(6) of Arbitration and Conciliation Act, 1996 ...

Court Approval Needed for Fresh Arbitration Application if Previous One Was Withdrawn; Three-Year Limitation Period Applies.

November 9, 2024

Case Laws IBC SC

Application u/s 11(6) of Arbitration and Conciliation Act, 1996 maintainable only with court's liberty upon withdrawal of previous application. Principles of Order 23 Rule 1 CPC extended to Section 11(6) proceedings. Fresh application arising from same cause of action not maintainable without court's permission upon unconditional withdrawal of previous application. Application u/s 11(6) commences actual arbitration proceedings, not mere appointment. Limitation period for filing Section 11(6) application is three years under Article 137 of Limitation Act. Benefit of Section 14, Limitation Act available for condonation of delay. Section 5, Limitation Act allows condonation of delay in exceptional cases with strong grounds for Section 11(6) applications, considering legislative intent of expeditious dispute resolution under the Act.

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Application u/s 11(6) of Arbitration and Conciliation Act, 1996 ...

Court Approval Needed for Fresh Arbitration Application if Previous One Was Withdrawn; Three-Year Limitation Period Applies.

November 9, 2024

Case Laws IBC SC

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