SSIPL Vs Vama Apparels India Ltd & Anr ( February 19, 2020 in CS (COMM) 735/2018)

The court held that arbitration clause can be waived by a party under dual circumstances- one by filing a statement of defence or submitting to jurisdiction and secondly, by unduly delaying the filing of the application under Section 8 by not filing the same till the date by which the statement of defence could have been filed. In the background of the amendments in the CPC including recent amendments in the context of Commercial Courts Act, 2015 and the amendments in the Arbitration Act, the court concluded that the amendment to Section 8 is a conscious step towards prescribing a limitation period for filing the Section 8 application. Thus, the limitation period for filing of written statement as prescribed in the CPC, 1908 as well as Commercial Courts Act, 2015 would be applicable for filing of an application under Section 8.