Section 43 in Jammu and Kashmir Arbitration and Conciliation Act, 1997
43. Limitations.
(1)The Limitation Act, Samvat 1995 shall apply to arbitrations as it applies to proceedings in Court.(2)For the purposes of this section and the Limitation Act, Samvat 1995 an arbitration shall be deemed to have commenced on the date referred in section 21.(3)Where an arbitration agreement to submit future dispute 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 term, 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, Samvat 1995 for the commencement of the proceedings (including arbitration) with respect to the dispute so submitted.
