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TypeBare Act JurisdictionCentral Government

Arbitration Act, 1940 [Repealed] Section 37

Limitations

~2 min read
https://sooperkanoon.com/act/35813

Bare act section · Research

About this section

Arbitration Act, 1940 [Repealed] Section 37 is part of Arbitration Act, 1940 [Repealed] - Limitations. Read the section text below and explore Indian court judgments that cite it.

Research copy - verify against official government publications before filing or court use.

Section Text

(1) All the provisions of the Indian Limitation Act, 1908 (9 of 1908),1 shall apply to arbitrations as they apply to proceedings in Court.

(2) Notwithstanding any term in an arbitration agreement to the effect that no cause of action accrue in respect of any matter required by the agreement to be referred until an award is made under the agreement, a cause of action shall, for the purpose of limitation, be deemed to have accrued in respect of any such matter at the time when it would have accrued but for that term in the agreement.

(3) For the purpose of this section and of the Indian Limitation Act, 1908 (9 of 1908),1 an arbitration shall be deemed to be commenced when one party to the arbitration agreement serves on the other parties thereto a notice requiring the appointment of an arbitrator, or where the arbitration agreement provides that the reference shall be to a person named or designated in the agreement, requiring that the difference be submitted to the person so named or designated.

(4) Where the terms of an agreement to refer future differences to arbitration provide that any claims to which the agreement applies shall be barred unless notice to appoint an arbitrator is given or an arbitrator is appointed or some other step to commence arbitration proceedings is taken within a time fixed by the agreement, and a difference 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.

(5) Where the Court orders that an award be set aside or orders, after the commencement of an arbitration, that the arbitration agreement shall cease to have effect with respect to the difference referred, 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 Indian Lamination Act, 1908 (9 of 1908)1 for the commencement of the proceedings (including arbitration) with respect the difference referred.

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1. Now the Limitation Act, 1963 36 of 1963.

Frequently asked questions

What does Arbitration Act, 1940 [Repealed] Section 37 provide?

Section Section 37 of the Arbitration Act, 1940 [Repealed] (Limitations) is reproduced on this page as part of the Arbitration Act, 1940 [Repealed]. Lawyers and researchers use it to read the statutory wording before checking how courts have applied this section in reported judgments.

How do I find judgments on Arbitration Act, 1940 [Repealed] Section 37?

Open “Find citing judgments” on this page to search Supreme Court, High Court, and tribunal decisions that reference Arbitration Act, 1940 [Repealed] Section 37. Advanced act search can narrow results by court, year, or additional act filters.

Is the section text on SooperKanoon official?

SooperKanoon hosts bare act text for research and quick reference. For filings or compliance in Central, confirm the wording against the official state gazette or authorized publication.

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