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CS Professional · Arbitration, Mediation and Conciliation · Arbitral Proceedings, Pleadings and Evidence

Before any tribunal was constituted, Lotus Pharma Ltd obtained an interim measure of protection from a Court under section 9 against Deccan Labs on 1 March. Lotus has not yet commenced arbitral proceedings and the Court has granted no extension. Within what period must the arbitral proceedings be commenced?

Lotus must commence arbitral proceedings within ninety days from the date of the Court's interim order, or within any further time the Court allows. Section 9(2) imposes this condition whenever a Court grants interim protection before arbitral proceedings begin.

  1. AWithin 30 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 year from the order, without any extension needed
  4. DThere is no time limit, as the interim order itself is valid until award

Explanation

Section 9(2) states that where a Court passes a pre-arbitration interim order under section 9(1), arbitral proceedings must commence within ninety days from the date of the order or within such further time as the Court may determine. The 30 day and one year periods do not appear in the section, and a limit does exist.

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