LEGAL GUIDE · MEDIATION AND ARBITRATION
Starting arbitration — notices and limitation questions
Starting arbitration requires more than writing that a dispute exists. The agreement, proper notice, receipt, covered claim, appointment mechanism and limitation need to be considered together. A payment reminder is not automatically a valid invocation for every purpose.
What to examine
Identify the legal parties, address or agreed service method, due events and relief claimed. Preserve delivery and receipt evidence. Contractual negotiations or internal review stages may affect the sequence but should not be assumed to extend limitation indefinitely. If the appointment mechanism fails or is legally problematic, assess the appropriate statutory route rather than appointing unilaterally without authority.
Records to collect
- Agreement and clause
- claim chronology and ledger
- earlier notices
- verified service details
Keep complete, dated copies and preserve originals. Note which records are missing and where they may be requested; do not alter a document to fill a gap in the history.
The applicable framework
Mediation is a process for exploring lawful agreement; arbitration is an adjudicatory process based on the applicable legal framework. The agreement, referral, institution and effective statutory provisions matter. A procedural label alone does not establish confidentiality, enforceability, court jurisdiction or the time available for a challenge.
A practical next step
Prepare a claim-by-claim limitation and invocation note. Send the correct notice through an evidenced method and track the next appointment step.
Related guidance
- Seat and venue in arbitration — why the distinction matters
- Urgent interim protection before or during arbitration
- An arbitration clause in a business contract
- Mediation and arbitration — practice information
- Browse this guide collection
Sources and official resources
- India Code — The Arbitration and Conciliation Act, 1996
- J&K High Court — court rules and procedural materials
Prepared 19 October 2026. General legal information. The applicable law, amendments, forum, evidence and time limits require assessment for the individual matter.