Arbitration and Conciliation Act, 1996
Section 11—Appointment of sole arbitrator—Time-barred claims—Even if respondent were to persist with her objection as to the claims being time-barred, for the limited purpose of the proceedings under Section 11 of the A&C Act, the claims sought to be raised by petitioner by way of the present proceedings cannot be held ex-facie time-barred or deadwood.
[Para 17]
Section 11—Appointment of sole arbitrator—If a court seized of Section 11 of A&C Act proceedings is in doubt as regards the question of limitation, the correct course of action for the court is to refer the matter to arbitration, leaving it to the arbitral tribunal to delve into the details of the objection as to limitation.
[Para 18]
Section 11—Appointment of sole arbitrator—Facility agreement—Valid and subsisting arbitration agreement between the parties—Court has territorial jurisdiction to entertain and decide the present petition—Disputes that are stated to have arisen between the parties, as set-out inter-alia in Invocation Notice, do not appear ex-facie to be non-arbitrable—Sole arbitrator appointed to adjudicate the dispute between the parties.
[Paras 19 & 20]
Sections 11 & 43(4)—Appointment of sole arbitrator—Contentions as to whether claims are time-barred since first invocation notice was faulty—Section 43(4) of the A&C Act expressly provides that where an arbitral award is set-aside, the period between the commencement of the arbitration and the date on which the court set-aside the arbitral award, is to be excluded for computing the time prescribed by the Limitation Act for commencement of arbitral proceedings with respect to the disputes in question.
[Para 16]