Taking reference from the position of law across various countries, the Court has held that the period of limitation for referring the dispute to arbitration commences only after the internal dispute resolution mechanism fails. The bench held that if the agreement between the parties provides for a pre-arbitration dispute resolution mechanism, it is mandatory for them to exhaust the mechanism before invoking the arbitration.
Thus, the period of limitation for referring the dispute to arbitration cannot begin any time before such a mechanism has been exhausted. In declaring this, the Court differed from its earlier judgment in Ravinder Kumar Verma, BPTP Ltd., 2014 SCC OnLine Del 6602 wherein it was held that period of limitation cannot be stopped merely because there are conciliation/meditation proceedings pending between the parties.
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