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

9 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 9 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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