Section 11(6) – Referral Court cannot decide limitation of arbitral claim
Distinction between Limitation of Arbitral Claim and Section 11 petition for referral Court to refer the disputes to arbitration.
Bombay HC – Existence of Arbitration Clause is Sufficient for Section 11 Reference – Objections of Limitation, Waiver, Abandonment and Waiver left to the Arbitrator for decision.
Family Agreement dated 15.11.2017 contained arbitration clause. However, in 2026, the section 21 notice was issued. The question was whether the referral Court can decide the question of limitation of arbitral claim.
Limitation period for claim made under arbitration stops on service of notice under Section 21 of the Act on the Respondent. Section 11 application is required to be filed within 3 years of process under section 21. The reference court can only examine limitation for filing application under section 11(6) as within of three years from the serivce of notice under section 21. The arbitral claim being ex-facie barred by limitation cannot be examined by the reference court.
Judgment dated 2.7.2026 of the High Court of Bombay (OS) in Arbitration Application (L) No.15700 of 2026 of Palwinder Singh Samra Vs. Sukhvinder Singh Samra
