Vishnu R U, BMS College of Law
ABSTRACT
Arbitration is one of the most preferred forms of Alternative dispute resolution due to its efficiency and feasibility. It is already well known that the principle of res-judicata does not apply to arbitration proceedings, therefore parties can opt for re-arbitration or re-initiating arbitration. However, when an arbitral award is set aside parties face ambiguity related to the limitation period for re-initiating arbitration. This article explores the applicability of the Limitation Act, 1963, to arbitration under section 43(1) of the Arbitration & Conciliation Act, 1996, and analyses whether fresh notice under section 21 of the Act is required when re-initiating arbitration.
This article examines key judicial precedents along with an illustration to demonstrate how parties must carefully track the remaining limitation period to avoid losing their right to arbitrate.
This article also highlights the need for legislative clarity to ensure arbitration remains a time-bound process. It also recommends reducing the limitation period for appointing arbitrators and defining rules for re-initiating arbitration to prevent unnecessary delays.
Keywords: Arbitration, Limitation, Initiation, re-initiation.
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