Section 43: Limitations

Arbitration and Conciliation Act, 1996 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1996
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Legal Commentary & Landmark Judgments: Section 43

Section 43 of the Arbitration and Conciliation Act, 1996 establishes that the Limitation Act, 1963 shall apply to arbitrations as it applies to proceedings in court, prescribing that arbitration commences on the date of receipt of the Section 21 notice.

  • Limitation Act, 1963 Applies to Arbitration: The Limitation Act, 1963 shall apply to arbitrations as it applies to proceedings in court.
  • Commencement Benchmark: For the purposes of this section and the Limitation Act, an arbitration shall be deemed to have commenced on the date referred to in Section 21 (date of receipt of request to refer).
  • Power of Court to Extend Time in Certain Cases: Section 43(3): Where an agreement provides that future claims shall be barred unless notice is given within a limited time, the Court may, on terms, extend the time if undue hardship would otherwise be caused.
  • Exclusion of Arbitral Period upon Award Quashment: Section 43(4): Where the Court sets aside an arbitral award, the period between commencement of arbitration and the date of the setting aside order shall be excluded in computing limitation for fresh proceedings.
Key Landmark Precedents:
  • B.S.N.L. v. Nortel Networks India (P) Ltd., (2021) 5 SCC 738: The Supreme Court authoritatively held that the period of limitation for filing an application under Section 11 before the High Court is governed by Article 137 of the Limitation Act (three years from the expiry of 30 days of the Section 21 notice); stale, dead claims cannot be referred to arbitration.
  • State of Goa v. Praveen Enterprises, (2012) 12 SCC 581: Settled that Section 43 applies the Limitation Act to arbitral claims; limitation for a counterclaim stops on the date the counterclaim is filed before the tribunal.
Courtroom Practice & Strategic Litigation Guidance:

Never delay issuing the Section 21 notice; compute the 3-year limitation period from the date of cause of action under the Limitation Act schedule; once 30 days lapse after notice receipt, file the Section 11 petition within 3 years under BSNL v. Nortel.