<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2024 (3) TMI 121 - Supreme Court (LB)</title>
    <link>https://www.taxtmi.com/caselaws?id=450340</link>
    <description>The SC held that the Limitation Act, 1963 applies to applications under Section 11(6) of the Arbitration and Conciliation Act, 1996, with a three-year limitation period starting from when the right to apply accrues. The petitioner&#039;s request for appointment of an arbitrator was within this period and thus not barred by limitation. The court further held that claims cannot be refused arbitration merely for being ex-facie time-barred; the claims here were not dead on the date arbitration commenced. Applying a two-pronged test-whether the Section 11(6) petition is barred by limitation and whether the claims are ex-facie time-barred-the court found both in favor of the petitioner. Consequently, the petition for appointment of an arbitrator was allowed, and a former SC judge was appointed sole arbitrator.</description>
    <language>en-us</language>
    <pubDate>Fri, 01 Mar 2024 00:00:00 +0530</pubDate>
    <lastBuildDate>Fri, 08 Aug 2025 12:32:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=745577" rel="self" type="application/rss+xml"/>
    <item>
      <title>2024 (3) TMI 121 - Supreme Court (LB)</title>
      <link>https://www.taxtmi.com/caselaws?id=450340</link>
      <description>The SC held that the Limitation Act, 1963 applies to applications under Section 11(6) of the Arbitration and Conciliation Act, 1996, with a three-year limitation period starting from when the right to apply accrues. The petitioner&#039;s request for appointment of an arbitrator was within this period and thus not barred by limitation. The court further held that claims cannot be refused arbitration merely for being ex-facie time-barred; the claims here were not dead on the date arbitration commenced. Applying a two-pronged test-whether the Section 11(6) petition is barred by limitation and whether the claims are ex-facie time-barred-the court found both in favor of the petitioner. Consequently, the petition for appointment of an arbitrator was allowed, and a former SC judge was appointed sole arbitrator.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Fri, 01 Mar 2024 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=450340</guid>
    </item>
  </channel>
</rss>