“Notices” in Arbitration
Arbitration Petition Filing: Section 9, 11 and 34 Applications, What the Act Requires and Drafting Pointers
Section 9 goes to the "Court" as section 2(1)(e) defines it, before or during the arbitration or after the award but before enforcement. Section 11 goes to the Supreme Court or the High Court, or their designate, after the thirty-day steps have failed. Section 34 goes to the Court within three...
Section 21 of the Arbitration and Conciliation Act, 1996: commencement of arbitral proceedings
Unless otherwise agreed by the parties, arbitral proceedings in respect of a particular dispute commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent. The date of receipt, not the date of sending, is the date that counts. Under section...
Sections 3-4 of the Arbitration and Conciliation Act, 1996: receipt of written communications and waiver of right to object
Unless the parties agree otherwise, a written communication is deemed received when delivered personally or at the addressee's place of business, habitual residence or mailing address, and it is deemed received on the day it is so delivered. Under section 4, a party who knows a derogable provision...
Section 1 of the Arbitration and Conciliation Act, 1996: short title, extent and commencement
The Act is called the Arbitration and Conciliation Act, 1996 (Act No. 26 of 1996, dated 16th August, 1996). Under sub-section (2) it extends to the whole of India, and under sub-section (3) it comes into force on the date the Central Government appoints by notification in the Official Gazette. The...
Sections 13-14 of the Mediation Act, 2023: territorial jurisdiction and commencement of mediation
Every mediation must be within the territorial jurisdiction of the competent court or tribunal, but on mutual consent it may be held outside that area or online, and then it is deemed to be within that jurisdiction for enforcement, challenge and registration of the settlement. Under section 14...
Sections 24-25 of the Arbitration and Conciliation Act, 1996: hearings, written proceedings and default of a party
Unless otherwise agreed, the tribunal decides whether to hold oral hearings or proceed on documents, but it must hold oral hearings on a party's request at an appropriate stage unless the parties agreed that none be held. Hearings are to be held, as far as possible, on a day-to-day basis without...