Delhi HC – Section 21 Arbitration Notice is Procedural & Signal commencement of Arbitration – Need Not List All Claims
The objection raised by the Petitioner that the notice invoking arbitration did not raise the issue of refund is clearly misconceived and unsustainable. At the stage of issuance of a notice under Section 21 of the A&C Act, there is no requirement that a detailed or exhaustive list of claims must be set out therein. The provision does not contemplate that the notice invoking arbitration should enumerate all claims which the parties may ultimately seek to raise or pursue in the arbitral proceedings.
A notice under Section 21 of the A&C Act is essentially a procedural requirement intended to signal the commencement of arbitration and to convey the intention of a party to refer disputes to arbitration. The mere non-enunciation or absence of a specific claim in such notice does not render the arbitral proceedings invalid, nor does it vitiate the adjudication of a claim which, though not expressly articulated in the notice, is subsequently raised before and duly considered by the learned Arbitral Tribunal. This position of law stands affirmed by the judgment of the Hon‟ble Supreme Court in O.M.P. (COMM) 348/2024 & connected matter Page 30 of 33 O.M.P. (COMM) 348/2024 & connected matter Page 31 of 33 Bhageeratha Engineering v. State of Kerala
Judgment dated 11.2.2026 of the High Court of Delhi in O.M.P. (COMM) 348/2024 of SNG Developers Limited Vs. Lord Vardhman Buildtech Private Limited with connected matters.
