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rachit (student)     15 September 2015

Limitation in arbitration

I have filed a suit for recovery case against the defendants just one month before the period of limitation ends. The defendants filed the Section 8 application since the contract was having the Arbitration Clause which was allowed by the court. Now who is supposed to appoint the Arbitrator. The defendants did not appoint the Arbitator and after 3 months we appointed the arbitrator and send them the notice regarding the same. The defendants filed as application that its barred by the period of Limitation since 3 years have elapsed. My question -:

1) it was the defendants Applicaion U/s 8 which was allowed so whether it was duty of the defendants to appoint the arbitator or us 

2)  Whether the period of limitation must start from date on which the court allowed the Section 8 application of the defendant?

It would be greatful if anyone can provide me with the answer to the Above two question and with case laws.

Thanks 

 

 

  



Learning

 1 Replies

Saurendra Rautray (advocate)     11 December 2015

Hi,

I think you have wasted a lot of time by appointing an arbitrator by yourself. If there is no appointing authourity in the agreement you should have approached the High Court rather than appoint yourself. Kindly dont waste much time.The present arbitration should end and you should approach the High Court as soon as possible.

Regards

Saurendra Rautray

Rautray&co

www.rautray.com

09437008255


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