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Report No. 76

8.48. Section 37(5.- Limitation.-

Section 37(5) reads:

"(5) Where the Court orders that an award be set aside or orders, after the commencement of an arbitration, that the arbitration agreement shall cease to have effect with respect to the difference referred, the period between the commencement of the arbitration and the date of the order of the Court shall be excluded in computing the time prescribed by the Indian Limitation Act, 1908, for the commencement of the proceedings (including arbitration) with respect to the difference referred."

The relevance of this sub-section to the law of limitation is obvious, for reasons which will become evident later,1 it is desirable to deal with this aspect at some length.

1. Para. 8.49 to 8.57, infra.



Arbitration Act, 1940 Back




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