Presumption Of Correctness Of Judicial Records Not Absolute And Can Be Rebutted By Direct Evidence: Kerala High Court on Married Daughter Cannot Challenge Partition After 21-Year Slumber If She Had Knowledge: Madhya Pradesh High Court Kerala High Court Orders Immediate Suspension Of Lakshadweep CJM For Allegedly Forging Witness Deposition To Convict Accused Supreme Court Bars Post-Divorce Maintenance Claims When Wife Voluntarily Waived Maintenance In Settlement Agreement Advocate Is An Officer Of Court, Not Mere Agent Of Client: Allahabad High Court Distinguishes Between Active Concealment & Statement In Ignorance, Slaps Cost On Litigants For Misleading Bench Cannot Summon Accused Mechanically On Protest Petition Without Assigning Justifiable Reasons: Andhra Pradesh High Court Increment Not A Bounty: Allahabad High Court Rules Public Holiday Cannot Delay Pay Hike For Teachers Joining Next Working Day Paying Taxes Or Utility Connections Confer No Legal Ownership Over Govt Land': Andhra Pradesh High Court Orders Demolition Of Encroachment 'Cannot Compel Public Authority To Collect Data From Private Bodies': Bombay High Court Quashes CIC Orders Directing SEBI To Procure BSE Records Under RTI Act Section 10 CPC Cannot Stay Previously Instituted Title Suit Pending Subsequent Probate Case; Inherent Powers Under Section 151 Inapplicable When Probate Dismissed: Calcutta High Court Mere Phone Calls Without Transcripts No Ground For Murder Conspiracy: Delhi High Court Clear Violation Of Section 42 NDPS Act': Gujarat High Court Holds Failure To Record Secret Info In Writing Fatal When Police Officer Had Time To Act JK High Court Quashes Criminal Case Against Cop Accused Of Threatening Advocate Over Phone Call Without Prior Sanction Under Section 197 CrPC Custody Unwarranted For Mere Formalities Once Weapon Is Recovered: Kerala High Court Grants Regular Bail In BNS Axe Attack Case Circumstances Of Crime Can Be Assessed During Trial: High Court Upholds Trial Of Minor As Adult Under JJ Act In Murder Case Statutory Deposit Under Order 21 Rule 89 CPC Is A Sine Qua Non; Litigant Cannot Stall Auction Sale By Merely Blaming Counsel: Madras High Court Ban Junk Food Within 50 Metres Of Schools: Rajasthan High Court Takes Suo Moto Cognizance To Enforce FSSAI Norms, Protect Children From Obesity

Supreme Court Rules Negotiations Cannot Extend Limitation Period for Arbitration Claims

07 May 2024 8:19 AM

By: Admin


Date: May 18, 2023

The Supreme Court of India, comprising Chief Justice Dr. Dhananjaya Y. Chandrachud and Justice J. B. Pardiwala, recently delivered a significant judgment highlighting the distinction between claims being barred by limitation and the application for appointment of an arbitrator being barred by limitation. The Court emphasized that negotiations between parties cannot extend the limitation period for arbitration claims.

The case at hand involved a dispute arising from the encashment of a bank guarantee and the imposition of liquidated damages. The petitioner argued that the cause of action was of a 'continuous' nature, as negotiations between the parties were ongoing to resolve the disputes. They contended that the arbitration petition, filed within the statutory limitation period, was valid.

The Court referred to various precedents to define the concept of a cause of action. It explained that a cause of action arises when there is a person who can sue and another who can be sued, and when all the material facts necessary for the plaintiff to succeed have occurred. The cause of action becomes crucial for calculating the limitation period for bringing an action.

The Court further noted that the limitation period for commencing an arbitration runs from the date when the cause of arbitration accrued. It clarified that even if an arbitration clause states that no cause of action shall accrue until an award is made, the time runs from the normal date when the cause of action would have accrued if there were no arbitration clause.

In this case, the Court determined that the cause of action arose when the bank guarantee was encashed in 2016 and the amount was transferred to the government account. It held that negotiations and attempts at an amicable settlement after this point could not save the limitation period. The Court emphasized that negotiations, however prolonged, cannot postpone the cause of action for the purpose of limitation. The Legislature has prescribed a time limit for enforcing a claim, which cannot be defeated solely on the ground of ongoing negotiations.

The Court rejected the petitioner's claim, considering it hopelessly time-barred. It highlighted the importance of understanding the cause of action and the need to initiate arbitration proceedings within the prescribed limitation period. The Court emphasized that delaying the initiation of arbitration due to ongoing negotiations can result in the claim becoming time-barred, even before the parties realize it.

This judgment serves as a reminder to parties engaged in negotiations during a dispute that they must be aware of the limitation period and initiate arbitration proceedings in a timely manner. The decision reinforces the significance of the limitation period and its strict adherence, providing clarity on the interplay between negotiations and the limitation period for arbitration claims.

Date of Decision: May 18, 2023

M/S B AND T AG VS MINISTRY OF DEFENCE                                          

 

Latest Legal News