Counterclaim in Arbitration
1 Where Arbitrator refused Counterclaim, the aggrieved party may invoke Arbitration and may seek independent Appointment of Arbitrator u/s 11(6) of the Act.
2 Time spent by Defendant in pursuing its application u/s 8 of the Act not to be excluded for computing period of limitation of Defendant’s counter-claim before Arbitrator.
3 Like in original Claims, limitation stops in Counter-claim also, when the Notice u/s 21 is received by original Claimant; and date of filing of Counter-claim is irrelevant for limitation purposes.
4 A Reply by Counter-claimant, denying claims made by original Claimant in its Notice u/s 21, does not constitute Notice by Counter-claimant u/s 21, nor stops limitation for filing Counter-claim.