given or an arbitrator is appointed or some other step to commence arbitration proceedings is taken within a time fixed by the agreement ... arbitration, that the arbitration agreement shall cease to have effect with respect to the difference referred, the period between the commencement of the arbitration
example, see Section 29(2)
of English Arbitration Act, 1950.
The date when arbitration proceeding commences would
depend upon various factors and the purposes which ... unless
otherwise agreed to between the parties,
the arbitration suit in respect of
arbitration dispute commenced on the
date on which the request for referring
shall (a) not apply to (i) arbitral proceedings commenced before the commencement of the Arbitration and Conciliation (Amendment) Act, 2015 ( 3 of 2016 ); (ii) court ... apply only to arbitral proceedings commenced on or after the commencement of the Arbitration and Conciliation (Amendment) Act, 2015 ( 3 of 2016 ) and to court
commence arbitration, as herein provided, as to
such dispute and, subject to Sub-Clause 67.4, no
arbitration in respect thereof may be commenced
unless such ... dispute amicably before the commencement
of arbitration. Provided that, unless the parties
otherwise agreed the arbitration may be
commenced on or after the Fifty Sixth
amicably before the commencement of arbitration. It further provides that unless the parties agree otherwise, arbitration may be commenced on or before the fifty-sixth ... dispute amicably before the commencement of arbitration. Provided that, unless the parties otherwise agree, arbitration may be commenced on or after the fifty-sixth
given or an arbitrator is appointed or some other step to commence arbitration proceedings is taken within a time fixed."
It was said that ... contemplated in the aforesaid clause 6.6.1.0 was merely a step to commence arbitration proceedings. If so, he submitted that the case fell within the provisions
strictly under the law of arbitration in
the country where arbitration has commenced. Shri Sen submitted that
because this Court has in African Eagle (Supra ... ground that the seat
of arbitration is outside India and that arbitration has been commenced.
Thus interim measures are now available to a party both
arbitration was not available. The
Supreme Court also referred to the text, Russel on Arbitration, 19th
Edn, to posit that the limitation period to commence ... stated above, a party cannot be expected to commence
arbitration without exhausting the pre-reference procedure. One of the
principal questions that arises in this
amount to referring a claim to arbitration.
It was further held that the arbitration commenced in the present
case when the claim was referred ... under
section 10(a) of the Arbitration Act. But the
arbitration has not at this stage 'commenced' in
any practical sense, since there
Contractor shall, then, give notice of
dissatisfaction and intention to commence arbitration to the
Employer duly specifying the subject of the dispute or
difference ... referred
to arbitration and other matters shall not be included in the
reference.
The Arbitration proceedings shall be assumed to have
commenced from
