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United Kingdom

Supreme Court of India: Article 137 three-year limit for Section 11 arbitrator appointments; time starts 30 days post-notice; courts may reject ex facie time-barred claims

Published on: 08 April 2024

Published by a LexisNexis Arbitration expert

Legal News

Article summary

Arif Azim Co Ltd v Aptech Ltd, [Arbitration Petition No 29 of 2023] [Case name and citation]

What are the practical implications of this case?

The judgment clarifies limitation for filing a Section 11(6) application under the Arbitration Act. In the absence of an expressly stipulated period, the court resolved the issue by holding that Article 137 of the Limitation Act operates as the residual provision. This pronouncement settles the long‑running uncertainty surrounding the timeline for Section 11 applications. It will, in practical terms, guide parties on when to advance claims and move for the appointment of an arbitrator, helping them avoid the sting of limitation. Equally, the court's insistence on testing and rejecting non-arbitrable or dead claims at the threshold aims to shield parties from being drawn into drawn-out and costly arbitral proceedings. Such a filter should, ultimately, discourage needless arbitrations. That said, any assessment of dead claims must remain prima facie, as excessive intervention at the pre-arbitral stage would invite unwarranted judicial involvement...

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