TIME SPENT IN CONTRACTUALLY MANDATED PRE-ARBITRAL NEGOTIATIONS NOT EXCLUDED

The Hon’ble Supreme Court held that the 3-year limitation period for filing Section 11 application starts from the date the cause of action initially arose. Subsequent negotiations between the parties will not delay the cause of action for the purpose of calculating the limitation period.

B&T AG v. Ministry of Defence

Supreme Court of India l Decided on 18.05.2023