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

Kaveri Textiles Ltd, Coimbatore, sends a written request to Orion Dyes Pvt Ltd, Surat, on 3 March to refer a payment dispute to arbitration. The courier delivers it to Orion on 6 March, and Orion's director reads it on 8 March. The contract is silent on when proceedings begin. On what date did the arbitral proceedings commence?

Proceedings commenced on 6 March. Unless the parties agree otherwise, arbitral proceedings for a dispute begin on the date the respondent receives the request to refer it to arbitration, not the date of dispatch, the date it is read, or the first hearing.

  1. A3 March, the date the request was sent
  2. B6 March, the date the request was received by the respondentCorrect
  3. C8 March, the date the director read it
  4. DThe date the tribunal first sits to hear the parties

Explanation

Section 21 provides that, unless otherwise agreed, proceedings for a particular dispute commence on the date the request for referral is received by the respondent. The notice reached Orion on 6 March. The dispatch date is wrong because sending alone does not start proceedings.

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