Section 43 of ACA : Section 43: Limitations

Explanation using Example

Imagine a scenario where Company A and Company B have a contract that includes an arbitration clause for resolving disputes. One year after the contract's execution, a dispute arises over the delivery of goods. Company A believes they should initiate arbitration proceedings but delays doing so.

Two years after the dispute arose, Company A decides to commence arbitration. Company B argues that the claim is time-barred under the Limitation Act, which typically allows for a three-year period to file a claim. However, according to Section 43(1) of The Arbitration and Conciliation Act, 1996, the same limitation period that applies to court proceedings al...

Login to access all pages and read more content.

To disable ads and read rest of the premium content, subscribe to KanoonGPT Pro.