Arbitration
Notice invoking arbitration under Section 21 of the Arbitration Act
Drafting a Section 21 notice invoking arbitration: what it must contain, why it fixes the date of commencement, and how it leads to a Section 11 application for appointment.
A notice invoking arbitration is issued under Section 21 of the Arbitration and Conciliation Act, 1996 by a party requesting that a dispute be referred to arbitration. The date on which the respondent receives the notice is the date on which the arbitral proceedings commence, which matters for limitation. The notice must identify the contract and the arbitration clause, state the disputes referred, and either propose an arbitrator or call upon the other party to concur in an appointment. If no arbitrator is appointed, the claimant may apply to the court under Section 11.
- Governed by
- Sections 7, 11, 21 and 43, Arbitration and Conciliation Act, 1996
- Limitation Act, 1963, applied to arbitrations by Section 43
- Where it is filed
- Not filed in court. Where the parties fail to appoint, the application for appointment is made to the High Court, or the Supreme Court in international commercial arbitration, under Section 11.
- Who files it
- The party invoking arbitration, through an advocate.
- Time limit
- The underlying claim must be within limitation under the Limitation Act, 1963 on the date the notice is received, since Section 43 applies the Act to arbitrations.
What a notice invoking arbitration under section 21 of the arbitration act must contain
The parts below are the structure of the document in filing order. The operative wording is a matter for the drafting advocate and for the practice of the court concerned.
1.The contract and clause
The agreement, its date, and the arbitration clause quoted, establishing a valid arbitration agreement under Section 7.
2.The disputes
Each dispute identified specifically, since the reference is confined to the disputes notified.
3.Claim particulars
The amount or relief claimed, with the basis on which it is computed.
4.Invocation
An express statement that the party invokes the arbitration clause and refers the disputes to arbitration.
5.Appointment
The arbitrator proposed, or a call upon the other party to concur in an appointment within thirty days, as the clause and the Act require.
6.Service
Sent to the address in the contract by registered post with acknowledgement due and email, with proof retained, because the date of receipt fixes commencement.
Mistakes that get this document returned
- Not identifying the disputes specifically, so the reference is later challenged as covering unnotified claims.
- Nominating an arbitrator who is ineligible under the Seventh Schedule to the Act.
- Serving at an address other than the one in the contract, creating an argument on the date of commencement.
- Issuing the notice after the underlying claim has become time barred.
Frequently asked questions
When do arbitral proceedings commence?
Under Section 21 of the Arbitration and Conciliation Act, 1996, unless the parties agree otherwise, arbitral proceedings commence on the date on which a request for the dispute to be referred to arbitration is received by the respondent.
What happens if the other party does not respond to the arbitration notice?
The claimant may apply to the High Court under Section 11 for the appointment of an arbitrator, ordinarily after the period specified in the clause or thirty days has elapsed.
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Last reviewed 30 August 2026. This guide is general information about court procedure for advocates. It is not legal advice and does not replace the rules of practice of the court you are filing in.