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Tanay Karia

Associate in Disputes Practice at the Mumbai office of Cyril Amarchand Mangaldas. Tanay can be reached at tanay.karia@cyrilshroff.com

Arif Azim or Offshore Infrastructures? Analysing SC’s Divergent Takes on Commencement of Limitation for Section 11(6) Applications

Summary: The Supreme Court has created an interesting puzzle over when limitation begins for applications under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of arbitrators. While in Arif Azim, the Supreme Court established that limitation begins only after the other party refuses the request for appointment, in Offshore Infrastructures it decided that limitation starts when the final bill becomes due, i.e., when the substantive cause of action arises, conflating two distinct limitation periods. The article analyses this judicial divergence and highlights the need for legislative clarity to resolve the uncertainty.Continue Reading Arif Azim or Offshore Infrastructures? Analysing SC’s Divergent Takes on Commencement of Limitation for Section 11(6) Applications