Article 137 of Limitation Act will govern the limitation period u/s 11 for appointment of arbitrator
Case Law Details
Case Name : Bharat Sanchar Nigam Ltd. Vs Nortel Networks India Pvt (Supreme Court of India)
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Courts :
Supreme Court of India
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Bharat Sanchar Nigam Ltd. Vs Nortel Networks India Pvt (Supreme Court)
Conclusion: Notice invoking arbitration was issued 5 1/2 years after rejection of the claims on 04.08.2014. Consequently, the notice invoking arbitration was ex facie time barred, and the disputes between the parties could not be referred to arbitration.
Held: The two important issues arose for consideration was that the period of limitation for filing an application under Section 11 of the Arbitration and Conciliation Act, 1996 (“the 1996 Act”); and whether the Court might refuse to make the reference under Section 11 ...
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In deciding claims in a domestic Arbitration, the limitations provided in the agreement for raising the claim superseded by provisions of the Limitation Act, if so in what conditions?