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Extension of Limitation for filing application under Section 11 Arbitration Act Extension of Limitation for filing application under Section 11 Arbitration Act

10 months ago

The limitation period for filing application under Section 11(6) of Arbitration Act is 3 years after expiry of 30 days from date of notice to invoke arbitration. I invoked arbitration on 27 Aug 2018. Therefore, owing to Supreme Court Order dated 10-01-2022 excluding/extending limitation from 15-03-2020 to 28-02-2022, Can I approach High Court for Appointment of Arbitrator under Section 11(6) of Arbitration Act. If yes, kindly inform relevant judgment deciding same scenario.

Anik

Responded 10 months ago

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A.Dear client,
Generally, Application Under Section 11(6) Not Maintainable For Appointment Of Arbitrator In Absence Of A Written Agreement Between Parties. If you do not have agreement to refer to arbitration then you cannot go to high court for appointment of arbitrator
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