All India Bar Examination (AIBE) 16-XVI Previous Year Question Papers with Answers

Practice Mode:
38.

The Section of the Arbitration and Conciliation Act, dealing with the time of commencement of arbitral proceeding is

A: Section 20
B: Section 21
C: Section 22
D: None of the above

The answer is: B

Explanation

The correct option is B: Section 21.

According to the Arbitration and Conciliation Act, 1996, Section 21 deals with the commencement of arbitral proceedings. It states that:

"Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent."

This means that the date of receipt of the request for arbitration by the respondent is the date on which the arbitral proceedings start, unless the parties have agreed otherwise. This is to ensure that the parties are aware of the commencement of the arbitration and the time limit for the completion of the arbitration is fixed accordingly.