The Arbitration Act 1940, 10 of 1940, (Rep., Act 26 of 1996) · V — .

Section 37. (1) All the provisions of the Indian Limitation Act

Repealed or not in force · As amended up to 2026-08

(2) Notwithstanding any term in an arbitration agreement to the effect that no cause of action shall accrue in respect of any matter required by the agreement to be referred until an award is made under the agreement, a cause of action shall, for the purpose of limitation, bedeemed to have accrued in respect of any such matter at the time when it would have accrued but for that term in the agreement. (3) For the purposes of this section and of the Indian Limitation Act, 1908, an arbitration shall be deemed to be commenced when one party to the arbitration agreement serves on the other parties thereto a notice requiring the" appointment of an arbitrator, or where the arbitration agreement provides that the reference shall be to a person named or designated in the agreement, requiring that the difference be submitt4 to the person so named or designated. (4) Where the terms of an agreement to refer future differences to arbitration provide that any claims to which the agreement applies shall be barred unless notice to appoint an arbitrator is given or an arbitrator is appointed or some other step to commence arbitration proceedings is taken within a time fixed by the agreement, and a difference arises to which the agreement applies, the Court, if it is of opinion that in the circumstances of the case undue hardship would otherwise be caused, and notwithstanding that the time so fixed has expired, may on such terms, if any, as the justice of the case may require, extend the time for such period `as` it thinks proper. (5) Where the Court orders that an award be set aside or orders, after the conlmencement of an arbitration, that the arbitration agreement shall cease to have effect with respect to the difference referred, the period between the commencement of the arbitration and the date of the order of the Court shall be excluded in computing the time prescribed by the Indian Limitation Act, 1908, for the commencement of the proceedings (including arbitration) with respect to the difference referred. 38. (1) If E g C- `f,` F : $ k, `ti` @ f I?- F. . . Arbitration - ~ ~ e p u k s a s `arbitrator's to` 38. (1) If in any case an arbitrator or umpire refuses to remuneration `or coats.` deliver his award oxcept on payment of the fees demanded by him, the Court may, on an application in this behalf, order that the arbitrator or umpire- shall deliver the award to the applicant on paymenti into Court by the applicant of the fees demanded, and shall, after such inquiry, if any, as it thinks fit, further order that out of the money so paid into Court there shall be paid to the arbitrator or umpire by may of fees such sum as the Court may consider reasonable and that the balance of the money, if any, shall be refunded to the applicant. 37. (1) All the provisions of the Indian Limitation Act. Tt.,A-L,..-. (2) An application under sub-section (1) m a y he made by any party to the reference unless the fees demanded have been fixed by written agreement between hi.m and the arbitrator or - umpire, and the arbitrator or umpire shall be entitled to appear and be heardon any iuclz application. . ' ( 3 ) ' ~ h e Court may make such orders as it thinks fit respecting tho costs of an arbitration where any question arises respecting such costs and the award contains no SI*cient provi~ion concerning them.

Source: India Code