Arbitration and Conciliation Act Section 3 — Receipt of written communications

CHAPTER I — General provisions

Civil

Summary

Sub-section (1) sets out when a written communication is treated as received, unless the parties have agreed otherwise. Under clause (a), a communication is considered received if it is handed over to the person directly, or left at their place of business, their usual home, or their mailing address.

Under clause (b), if none of those places can be located after making a reasonable effort to find them, the communication is still treated as received if it is sent to the person's last known place of business, home, or mailing address, using a registered letter or any other method that leaves a record of the attempt to deliver it.

Sub-section (2) states that the communication is treated as received on the day it is delivered in the manner described above.

Sub-section (3) clarifies that this section does not apply to written communications related to proceedings before any judicial authority.

Official Text

(1) Unless otherwise agreed by the parties,—

(a) any written communication is deemed to have been received if it is delivered to the addressee personally or at his place of business, habitual residence or mailing address, and

(b) if none of the places referred to in clause (a) can be found after making a reasonable inquiry, a written communication is deemed to have been received if it is sent to the addressee's last known place of business, habitual residence or mailing address by registered letter or by any other means which provides a record of the attempt to deliver it.

(2) The communication is deemed to have been received on the day it is so delivered.

(3) This section does not apply to written communications in respect of proceedings of any judicial authority.