Can I file arbitration application after COVID limitation extension?
The limitation for filing an application under Section 11(6) of the Arbitration Act is 3 years from the expiry of 30 days after issuing the arbitration notice. I invoked arbitration on 27 August 2018. Due to the Supreme Court’s order dated 10-01-2022, excluding the period from 15-03-2020 to 28-02-2022, can I now approach the High Court? Please share any relevant judgment supporting this.
Yes, you can still approach the High Court under Section 11(6). The Supreme Court extended the limitation due to COVID (from 15-03-2020 to 28-02-2022). Your delay falls within this extended period. You can refer to the Supreme Court judgment in In Re: Cognizance for Extension of Limitation (2022). For further legal assistance contact us on our helpline number.
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