Procedural objective of notice under Section 21 for reckoning limitation
The statutory notice contemplated under Section 21 of the Arbitration and Conciliation Act, 1996 operates primarily as a procedural mechanism designed to determine the precise date of commencement of arbitral proceedings for the purpose of computing limitation. The provision is not a jurisdictional prerequisite that conditions, creates, or validates the competence of an arbitral tribunal to adjudicate substantive disputes falling within the ambit of the underlying arbitration agreement. Consequently, the failure of a party to issue a separate or formal notice under Section 21 in respect of each individual claim or dispute does not constitute a fatal defect that strips the arbitral tribunal of jurisdiction, provided the disputes are arbitrable, within limitation, and covered by the substantive scope of the arbitration clause. The statutory framework treats commencement under Section 21 as an objective benchmark to fix limitation periods rather than a rigid jurisdictional threshold that invalidates an award on procedural grounds alone. (M/s Bhagheeratha Engineering Ltd. Vs State of Kerala | 2026 INSC 4)