![Apex Law House: Arbitration Law Firm [Best Lawyers and Arbitrators in Chennai]](https://blogger.googleusercontent.com/img/a/AVvXsEgsws2AD7GFPx-cW0ycDPZ8ip5xATtrSfPZNUkY3Ba0WXWwqqx9UTEyRPYVrLMYwsVUMtrJq4vz_y2qDnujVry81152a7hAURPeIlKmDOJUxi7U6tukGWx_mb3yTGGWlTpnlsBuKhwmaDh3hBcSXlczigYycGIgDaoQJal_pgO52xUeKAR0SSz_dTWyVzim=s469)
A notice invoking arbitration is the first formal step in almost every arbitration. It looks like a simple letter, yet it controls the date on which arbitration begins, helps decide limitation, and starts the 30-day period that opens the door to a court appointment. A weak notice can create problems that last for years.
This guide explains what the notice is, what it must contain, how to serve it, and the errors that businesses and individuals commonly make. It is written for readers in India who want a clear, practical checklist.
Why does the Section 21 notice matter?
Section 21 says that, unless the parties have agreed otherwise, arbitral proceedings for a dispute begin on the date on which the respondent receives a request for that dispute to be referred to arbitration. That date matters in three ways.
- Limitation: Section 43(2) treats arbitration as commenced on the Section 21 date, so the notice fixes the point at which time stops running for the claim.
- Appointment: The 30-day period for the other side to appoint or agree on an arbitrator under Section 11 runs from this request.
- Interim relief: If you obtained a Section 9 order before arbitration, the 90-day period to start arbitration is met by this notice. See our guide to Section 9 interim relief.
Because the date of receipt is what counts, proof of delivery is as important as the content of the notice.
What should the notice contain?
There is no fixed statutory format, but a clear notice usually covers the following points.
- Full details of the sender and the respondent, with the addresses given in the contract.
- The contract title, date and the exact arbitration clause, quoted word for word.
- A short, factual summary of the dispute, with dates and amounts.
- The claims and the reliefs you will seek, including interest and costs.
- A statement that the dispute is referred to arbitration under the clause.
- The nominee arbitrator, or a proposal for a sole arbitrator, with two or three names where the clause allows.
- A request to respond within 30 days, and a reservation of the right to apply to the court under Section 11.
- A reservation of all rights, including the right to add claims and to seek interim relief.
Keep the tone professional. The notice may be read later by a court or a tribunal, so avoid threats and avoid unsupported accusations.
How should you serve the notice?
Follow the notice clause in the contract first. If the contract names an address, email or method of service, use it. Where it is silent, send the notice to the registered office or last known address by a method that gives proof of delivery.
- Speed post or registered post with acknowledgement due.
- A reputed courier with a delivery receipt.
- Email to the address named in the contract, with a read or delivery record, in addition to the physical copy.
- A personal delivery with a signed acknowledgement, where it is practical.
Keep copies of the notice, postal receipts, tracking reports, delivery proof and emails in one file. If the respondent denies receipt, this file becomes your evidence. Section 3 of the Act also provides rules on deemed receipt of written communications, which help when the other side avoids service.
Check for pre-arbitral steps first
Many contracts require negotiation, escalation to senior management or mediation before arbitration can be started. Courts have treated some of these steps as conditions that must be tried first, and others as steps that need not be followed if they would be futile. The wording of the clause and the facts decide which approach applies.
The safest approach is to follow the steps, record your attempts in writing, and mention them in the notice. If time is running out, state this clearly in the notice and reserve your rights.
Common errors and how to fix them
| Common error | Why it hurts | Better practice |
|---|---|---|
| Quoting the wrong clause or contract | The other side disputes that arbitration applies | Quote the exact clause and the contract date |
| Vague description of the dispute | Claims are unclear and scope disputes follow | State facts, dates and amounts in plain words |
| Sending to the wrong address | Delivery and the start date are contested | Use the contract address and a second method |
| Naming only your own arbitrator | The 30-day clock and the clause may be ignored | Follow the appointment procedure in the clause |
| Delaying the notice | Claims may become time-barred | Send early and diarise the limitation date |
If a dispute may later need a court appointment, read our guide on Section 11 appointment of arbitrator. To understand how limitation is counted, see the next article in this series on limitation in arbitration. For general preparation, you can also read navigating the arbitration process.
Key takeaways
- The notice starts arbitration on the date the respondent receives it.
- It also supports limitation under Section 43(2) and starts the 30-day appointment period.
- Quote the clause, describe the dispute, state the claims and propose an arbitrator.
- Serve by the method in the contract and keep proof of delivery.
- Check and follow any pre-arbitral steps before you send it.
Frequently asked questions
Is there a prescribed format for a Section 21 notice?
No. The Act does not set a form. What matters is that the notice clearly refers the dispute to arbitration and reaches the respondent. A good notice quotes the clause, summarises the dispute and claims, and proposes an arbitrator or a sole arbitrator.
When does arbitration start under Section 21?
Unless the parties have agreed otherwise, arbitral proceedings begin on the date the respondent receives the request to refer the dispute to arbitration. This is why proof of delivery is so important and why the method of service must follow the contract.
How long should I give the other side to respond?
Thirty days is the safe period, because Section 11 gives 30 days to appoint or agree on an arbitrator. If the clause or institutional rules set a different period, follow that. Mention the period clearly in the notice.
Does the notice stop limitation?
Section 43(2) treats arbitration as commenced on the date referred to in Section 21. That helps fix the date for limitation. It does not revive a claim that was already time-barred, so send the notice well before the three-year mark in most contract cases.
Can I send the notice by email only?
Email can be valid if the contract allows it or the parties have used it for notices. To be safe, send by email and by a physical method with proof of delivery, and keep records of both. This avoids a later argument about receipt.
What if the other side does not reply?
If 30 days pass without agreement or appointment, you can apply under Section 11 to the High Court, or to the Supreme Court in international commercial arbitration. Keep the notice, delivery proof and a short chronology ready for the petition.
Sources and references
Disclaimer: this article is general information on Indian arbitration law and is not legal advice. Laws and judgments change, so please verify the current position and take professional advice for your facts.
Last reviewed: October 2026.
