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The Arbitration and Conciliation Act, 1996: page 28

The Arbitration and Conciliation Act, 1996, India Code delivered snapshot 6fb32e5ffe258174, physical page 28. Unreviewed extraction.

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    43. Limitations.—(1) The Limitation Act, 1963 (36 of 1963), shall apply to arbitrations as it applies
to proceedings in court.
   (2) For the purposes of this section and the Limitation Act, 1963 (36 of 1963), an arbitration shall be
deemed to have commenced on the date referred to in section 21.
    (3) Where an arbitration agreement to submit future disputes to arbitration provides that any claim to
which the agreement applies shall be barred unless some step to commence arbitral proceedings is taken
within a time fixed by the agreement, and a dispute arises to which the agreement applies, the Court, if it
is of opinion that in the circumstances of the case undue hardship would otherwise be caused, and
notwithstanding that the time so fixed has expired, may on such terms, if any, as the justice of the case
may require, extend the time for such period as it thinks proper.
     (4) Where the Court orders that an arbitral award be set aside, the period between the commencement
of the arbitration and the date of the order of the Court shall be excluded in computing the time prescribed
by the Limitation Act, 1963 (36 of 1963), for the commencement of the proceedings (including
arbitration) with respect to the dispute so submitted.


                                                  STATE AMENDMENT
     Bihar.—                                                          e
                                                                    od
    Omission of sub-section (3) of Section-43 of the Arbitration and Conciliation Act, 1996.—Sub.
by Section-3 of the Section 43 of the said Act shall be omitted.

[Vide Bihar Act 20 of 2002, s. 2]
                                                                 aC
                                                        1
                                                            di
                                                         [PART IA
                                                        In
                                           ARBITRATION COUNCIL OF INDIA
     43A. Definitions. In this Part, unless the context otherwise requires,—
         (a) “Chairperson” means the Chairperson of the Arbitration Council of India appointed under
     clause (a) of sub-section (1) of section 43C;
          (b) “Council” means the Arbitration Council of India established under section 43B;
          (c) “Member” means a Member of the Council and includes the Chairperson.
     43B. Establishment and incorporation of Arbitration Council of India.—(1) The Central
Government shall, by notification in the Official Gazette, establish, for the purposes of this Act, a Council
to be known as the Arbitration Council of India to perform the duties and discharge the functions under
this Act.
    (2) The Council shall be a body corporate by the name aforesaid, having perpetual succession and a
common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property,
both movable and immovable, and to enter into contract, and shall, by the said name, sue or be sued.
     (3) The head office of the Council shall be at Delhi.
    (4) The Council may, with the prior approval of the Central Government, establish offices at other
places in India.
     43C. Composition of Council.–– (1) The Council shall consist of the following Members, namely:––
        (a) a person, who has been, a Judge of the Supreme Court or, Chief Justice of a High Court or, a
     Judge of a High Court or an eminent person, having special knowledge and experience in the conduct


1. Ins. by Act 33 of 2019, s. 10 (w.e.f. 12-10-2023).
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