https://www.taxtmi.com/caselaws?id=197107 In an arbitration commenced through appointment under Section 11 of the Arbitration and Conciliation Act, 1996, a respondent is not barred from raising a counter-claim merely because it was not separately noticed at the Section 11 stage. Where the arbitration agreement covers all disputes, appointment of the tribunal operates as an implied reference of those disputes. Section 23, read with Section 2(9), permits a respondent to state a defence and counter-claim, and the Limitation Act treats a counter-claim as instituted when made in court. Section 21 governs commencement for limitation purposes, but it does not prevent a counter-claim in a pending reference. en-us Mon, 04 Jul 2011 00:00:00 +0530 Tue, 01 Aug 2023 09:52:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=197107 In an arbitration commenced through appointment under Section 11 of the Arbitration and Conciliation Act, 1996, a respondent is not barred from raising a counter-claim merely because it was not separately noticed at the Section 11 stage. Where the arbitration agreement covers all disputes, appointment of the tribunal operates as an implied reference of those disputes. Section 23, read with Section 2(9), permits a respondent to state a defence and counter-claim, and the Limitation Act treats a counter-claim as instituted when made in court. Section 21 governs commencement for limitation purposes, but it does not prevent a counter-claim in a pending reference. Case-Laws Indian Laws Mon, 04 Jul 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=197107