Arbitration

Pooja Kalyani (Querist) 09 March 2011 This query is : Resolved
Can an application under section 9 of the 1996 Act be filed after the expiry of the substantive agreement by efflux of time?

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Murali Krishna (Expert) 10 March 2011
There is no doubt as to when application can be filed. S.9 states that " a party i) before or ii) during arbitral proceedings or iii) at any time after award but before its enforcement can file an application.

But this application is only as an interim measure by court.

Further, in terms of S.43 of A&C Act, 1996 Limitation Act applies to proceedings under the Act.

So be sure what application you are going to file.

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