Arbitration notice and petition formats
Arbitration begins when one party sends the other a notice invoking arbitration under Section 21 of the Arbitration and Conciliation Act, 1996. Courts can grant interim relief under Section 9, appoint an arbitrator under Section 11 if the parties do not agree, and set aside an award under Section 34 on an application made within three months (extendable by 30 days).
Key points
- Notice invoking arbitration: Section 21.
- Interim measures by the court: Section 9; by the tribunal: Section 17.
- Appointment of arbitrator: Section 11.
- Award within 12 months of completion of pleadings, extendable by 6 months by consent (Section 29A).
- Challenge to award: Section 34, within 3 months plus a further 30 days for sufficient cause.
The law: old and new provisions
| Subject | Law now | Before 1 July 2024 |
|---|---|---|
| Arbitration | Arbitration and Conciliation Act, 1996 | — |
Which court or authority
The arbitral tribunal; courts under Sections 9, 11 and 34 as defined in Section 2(1)(e).
What the document should contain
- The arbitration clause
- The dispute and claims
- Proposed arbitrator or procedure
- Relief sought
Documents to attach
- The contract with the arbitration clause
- Correspondence showing the dispute
Procedure
- Send the Section 21 notice
- Seek appointment under Section 11 if there is no agreement
- Pleadings, evidence, award; challenge or enforce
Common mistakes
- Missing the Section 34 limitation
- Not invoking arbitration formally before approaching court
Frequently asked questions
What is the time limit to challenge an arbitral award?
Three months from receiving the award, extendable by a further 30 days for sufficient cause, but not beyond (Section 34(3)).