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CS Professional · Arbitration, Mediation and Conciliation · Arbitration Procedure, Appointment of an Arbitrator and Other Aspects

Before any arbitral proceedings began, Rohan Infra obtained from the High Court an interim injunction against Bhaskar Builders under Section 9. No other time was fixed by the Court. By when must Rohan Infra commence the arbitral proceedings?

Rohan Infra must commence arbitral proceedings within ninety days from the date of the Court's order, or within any further time the Court allows. This is the statutory period under Section 9(2) when interim protection is granted before arbitration begins.

  1. AWithin sixty days of the order
  2. BWithin ninety days from the date of the order, or such further time as the Court may determineCorrect
  3. CWithin one hundred and eighty days from the date of the order
  4. DWithin thirty days of the order, with no extension possible

Explanation

Section 9(2) provides that where a Court passes a pre-arbitration interim order, the arbitral proceedings must commence within ninety days from the date of the order or within such further time as the Court may determine. The sixty, thirty and 180-day periods are not in the provision.

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