Question1:- The parties can agree on a procedure for challenging the arbitrator as per Section 13
of the Arbitration and Conciliation Act 1996 but failing to agree on such procedure as
per Section 13(1) of the Act
- 1. a party who intends to challenge an arbitrator shall, within twenty days after
becoming aware of the constitution of the arbitral tribunal or after becoming
aware of any circumstances referred to in sub-section (3) of section 12, give
reasons for the challenge to the arbitral tribunal in the open court.
- 2. a party who intends to challenge an arbitrator shall, within thirty days after
becoming aware of the constitution of the arbitral tribunal or after becoming
aware of any circumstances referred to in sub-section (3) of section 12, give a
statement of the reasons for the challenge to the arbitral tribunal.
- 3. a party who intends to challenge an arbitrator shall, within fifteen days after
becoming aware of the constitution of the arbitral tribunal or after becoming
aware of any circumstances referred to in sub-section (3) of section 12, send a
written statement of the reasons for the challenge to the arbitral tribunal.
- 4. a party who intends to challenge an arbitrator shall, within fourty-five days after
becoming aware of the constitution of the arbitral tribunal or after becoming
aware of any circumstances referred to in sub-section (3) of section 12, give a
written statement for the challenge to the arbitral tribunal.
Question2:- Objection as to arbitral tribunal to rule on its own jurisdiction including ruling on any
objections with respect to the existence or validity of the arbitration agreement can be
raised
- 1. Not later than the submission of the statement of defence; however a party may
not be precluded from raising such a plea merely because that he has appointed, or
participated in the appointment of, an arbitrator
- 2. Before the submission of the statement of defence; though a party shall be
precluded from raising such a plea as he has participated in the appointment of, an
arbitrator
- 3. After the submission of the statement of defence; however, a party shall not be
precluded from raising such a plea merely because that he has appointed, or
participated in the appointment of, an arbitrator
- 4. Not later than the submission of the statement of defence; however, a party shall
not be precluded from raising such a plea merely because that he has appointed, or
participated in the appointment of, an arbitrator
Question6:- The statement of claim and defence under____ of Arbitration and Conciliation Act
shall be completed
- 1. Within 12 months from the date the arbitrator or all the arbitrators as the case may
be received notice, in writing, of their appointment as per Section 23(4A)
- 2. Within 6 months from the date the arbitrator or all the arbitrators as the case may
be received notice, in writing, of their appointment as per Section 23(4)
- 3. Within 12 months from the date the arbitrator or all the arbitrators as the case may
be received notice, in writing, of the application of arbitration agreement as per
Section 23(3A)
- 4. Within 6 months from the date the arbitrator or all the arbitrators as the case may
be received notice, in writing, of the application of arbitration agreement as per
Section 23(4)