Report No. 176
2.35.4 The proposed amendments are as follows:
In section 43 of the principal Act, after sub-section (4) the following sub-section shall be inserted namely:-
"(5) In computing the time prescribed by the Limitation Act, 1963 (36 of 1963) for the commencement of proceedings in relation to any dispute, the period between the commencement of the arbitration and the date of the orders mentioned below, shall be excluded ,namely:-
(a) an order of the arbitral tribunal accepting a plea referred to in sub-section (2) or sub-section (3) of section 16
(b) an order under clause (a) of sub-section (2) of section 37 by the court affirming an order under clause (a) or an order of the Supreme Court on further appeal, if any, affirming the last mentioned order.
(c) an order declaring an arbitration agreement as null and void or inoperative or incapable of being performed or as not in existence, passed by -
(i) the High Court under sub-section (13) of section 11 in the case of an arbitration other than an international arbitration (whether commercial or not) or by the Supreme Court on further appeal.
(ii) the Supreme Court under sub-section (13) of section 11 in the case of an international arbitration (whether commercial or not) where the place of arbitration is in India;
The discussion regarding insertion of provisos in sub-section (3) of section 43 of the principal Act, has already been done under para 2.7.1 (supra) of the report.