Arbitration Amendment Act 2015: New Section 36 Apply Even To pending Section 34 Applications On The Date Of Commencement Of The Amendment Act [Read Judgment]
7 years ago

Arbitration Amendment Act 2015: New Section 36 Apply Even To pending Section 34 Applications On The Date Of Commencement Of The Amendment Act [Read Judgment]

Live Law  

“Since it is clear that execution of a decree pertains to the realm of procedure, and that there is no substantive vested right in a judgment debtor to resist execution, Section 36, as substituted, would apply even to pending Section 34 applications on the date of commencement of the Amendment Act”, said the Bench.A Supreme Court bench of Justice R.F. “Since it is clear that execution of a decree pertains to the realm of procedure, and that there is no substantive vested right in a judgment debtor to resist execution, Section 36, as substituted, would apply even to pending Section 34 applications on the date of commencement of the Amendment Act”, said the Bench. The court has clarified that since execution of a decree pertains to the realm of procedure, and that there is no substantive vested right in a judgment debtor to resist execution, Section 36, as substituted, would apply even to pending Section 34 applications on the date of commencement of the Amendment Act. The immediate effect of the proposed Section 87 would be to put all the important amendments made by the Amendment Act on a back-burner, such as the important amendments made to Sections 28 and 34 in particular, which, as has been stated by the Statement of Objects and Reasons, “…have resulted in delay of disposal of arbitration proceedings and increase in interference of courts in arbitration matters, which tend to defeat the object of the Act”, and will now not be applicable to Section 34 petitions filed after 23rd October, 102 2015, but will be applicable to Section 34 petitions filed in cases where arbitration proceedings have themselves commenced only after 23rd October, 2015.

Supreme Court Arbitration Judgment Court Date Amendment Proceedings Act Bench Apply Execution Section 34 Section 36 Section 34 Applications On The Date Of Commencement Of The Amendment Act  applications  act  pending  arbitration  execution  amendment  proceedings  court  judgment  apply  34  date  justice  read  commencement

History of this topic

The Draft Arbitration And Conciliation Amendment Bill, 2024: A Step Towards Reforming India's Arbitration Framework?
1 month, 3 weeks ago

The Draft Arbitration And Conciliation Amendment Bill, 2024: A Step Towards Reforming India's Arbitration Framework?

Live Law  

The Draft Arbitration and Conciliation Bill, 2024, aims to significantly transform India's arbitration landscape. In Amazon v. Future Retail, the Supreme Court held that an award by an emergency arbitrator in an arbitration seated in India is “enforceable” under Section 17. The Draft Arbitration and Conciliation Bill, 2024, is an ambitious step towards modernizing India's arbitration landscape. With key reforms …

Arbitration Act | Courts' Jurisdiction Under Sections 34 and 37 Do Not Extend To Modifying Arbitral Award: Supreme Court Reiterates
2 months ago

Arbitration Act | Courts' Jurisdiction Under Sections 34 and 37 Do Not Extend To Modifying Arbitral Award: Supreme Court Reiterates

Live Law  

Recently, the Supreme Court affirmed the principle laid down in National Highways Authority of India vs. M. Hakeem & Another that the jurisdiction of the Courts under Sections 34 and 37 of the Arbitration & Conciliation Act, 1996 will not extend to modifying an arbitral award.The bench comprising Justices PS Narasimha and Manoj Misra was hearing the case dealing with …

Arbitration Cases Annual Digest 2024
2 months, 3 weeks ago

Arbitration Cases Annual Digest 2024

Live Law  

Supreme Court Supreme Court Issues Notice On Plea Challenging Validity Of Section 3G Of National Highways Act Case Title: B.D. High Court Not Having Original Civil Jurisdiction Cannot Extend Time To Pass Arbitral Award As Per S.29A Arbitration Act : Supreme Court Case Title: CHIEF ENGINEER PWD VERSUS M/S BSC & C and C JV Citation : 2024 LiveLaw 425 …

Section 29A Of Arbitration & Conciliation Act, 1996: Complications More Than Cure
3 months, 2 weeks ago

Section 29A Of Arbitration & Conciliation Act, 1996: Complications More Than Cure

Live Law  

This article is an attempt to highlight the complexities involved under Section 29A of the Arbitration & Conciliation Act, 1996. Ltd. v. General Manager & Anr., reiterated the principle that the extension of mandate under Section 29A shall be only for a “sufficient cause”. In Larsen and Toubro Ltd. v. IIC Limited and Anr., it is held by the Delhi …

[Arbitration Act] S.2(1)(f) Is Non-Derogable, Applicability Cannot Be Excluded Even By Mutual Consent Of Parties: Delhi High Court
3 months, 2 weeks ago

[Arbitration Act] S.2(1)(f) Is Non-Derogable, Applicability Cannot Be Excluded Even By Mutual Consent Of Parties: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Neena Bansal Krishna has held that section 2 of the Arbitration Act which defined the International Commercial Arbitration is a non derogable provision and its applicability cannot be excluded even by mutual consent of the parties. However, certain Sections of the Act, like S.2 which is the definition section, form the basic structure …

Pre-Requirement Of Conciliation Before Invoking Arbitration Can't Prevent Filing Of Application U/S 11 Of Arbitration Act: Delhi High Court
4 months, 1 week ago

Pre-Requirement Of Conciliation Before Invoking Arbitration Can't Prevent Filing Of Application U/S 11 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Subramonium Prasad has held that pre requirement of conciliation in an arbitration clause before invoking the arbitration cannot be a bar to file an application under section 11 of the Arbitration Act seeking appointment of an Arbitrator. That disputes have arisen between the parties regarding payment of dues.,the Petitioner herein invoked Clause 17.7 …

De-Jure Ineligibility To Act As Arbitrator U/S 12(5) Of Arbitration Act Can Be Waived Only By Express Agreement In Writing: Delhi High Court
Trending News
4 months, 2 weeks ago

De-Jure Ineligibility To Act As Arbitrator U/S 12(5) Of Arbitration Act Can Be Waived Only By Express Agreement In Writing: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Sachin Datta affirmed that de jure ineligibility to act as an arbitrator can only be waived, after dispute having arisen, by the parties by an express agreement in writing under proviso to section 12 of the Arbitration Act. The court referred to the Delhi High Court judgment in Reliance Infrastructure Limited v. Madhyanchal …

Arbitration Weekly Round-Up: 4th November To 10th November 2024
4 months, 2 weeks ago

Arbitration Weekly Round-Up: 4th November To 10th November 2024

Live Law  

Supreme Court Government Entity Can't Be Given Differential Treatment While Staying Operation Of Arbitral Award : Supreme Court Case Title: International Seaport Dredging Pvt Ltd Versus Kamarajar Port Limited, Case Number- Civil Appeal No 12097 of 2024 Recently, the Supreme Court disapproved of a High Court's decision to exempt a government entity from depositing other amounts in addition to the …

Arbitration Monthly Digest: October 2024
4 months, 2 weeks ago

Arbitration Monthly Digest: October 2024

Live Law  

Supreme Court Case Title: R.P. Case Title: LAVA INTERNATIONAL LIMITED Vs MINTELLECTUALS LLP Citation: 2024 LiveLaw 1114 The Delhi High Court bench comprising Justice Prateek Jalan has held that in orders passed by the arbitral tribunal under Section 17 of the Arbitration and Conciliation Act, 1996, the court is not bound by the principles underlying Order XXXVIII and XXXIX of …

Arbitral Awards Cannot Be Modified Under Sections 34 & 37 Of Arbitration & Conciliation Act : Supreme Court
1 year, 2 months ago

Arbitral Awards Cannot Be Modified Under Sections 34 & 37 Of Arbitration & Conciliation Act : Supreme Court

Live Law  

While deciding on a plea whether there is a scope of interference with arbitral awards under Section 34 and 37 of the Arbitration and Conciliation Act, 1996, the Supreme Court has reiterated the settled position of law that any attempt to “modify an award” while adjudicating Sections 34 and 37 petitions is not permissible under the Arbitration and Conciliation Act, …

Speedy Justice And Lengthy Delays, The Arbitration Process
1 year, 5 months ago

Speedy Justice And Lengthy Delays, The Arbitration Process

Live Law  

Through the decades, it has been witnessed that Arbitration carries a huge possibility for delays either due to the court’s procedural interference or due to non-compliance with the limitation periods specified under the Act. This is because often when a party is dissatisfied with the final award and approaches the court to set it aside under Section 34 of the …

Top 10 Arbitration Judgments [January To September 2023]
1 year, 5 months ago

Top 10 Arbitration Judgments [January To September 2023]

Live Law  

In recent times, several noteworthy judgments have been rendered by the Indian Courts in matters relating to the law of arbitration in India. Prior to the 2019 amendment, Section 34 of the Arbitration Act read that "an arbitral award could be set aside by the Court only if the the party making the application furnishes proof…". In conclusion, the Supreme …

S.29A(4) Arbitration Act | Courts Can Extend Arbitrator's Mandate Without Parties' Consent: Kerala High Court
1 year, 8 months ago

S.29A(4) Arbitration Act | Courts Can Extend Arbitrator's Mandate Without Parties' Consent: Kerala High Court

Live Law  

The Kerala High Court recently held that the mandate of an arbitrator can be extended under Section 29A of the Arbitration and Conciliation Act, 1996, even if the parties have not extended the period by consent.Justice Murali Purushothaman thus revived and extended the arbitrator's mandate to allow for the completion of the arbitral proceedings. The Kerala High Court recently held …

Arbitration Cases Weekly Round- Up: 11 June To 17 June 2023
1 year, 9 months ago

Arbitration Cases Weekly Round- Up: 11 June To 17 June 2023

Live Law  

High Courts: Allahabad High Court: Facilitation Council Which Was The Conciliator Under MSMED Act, Can Arbitrate The Dispute; Bar Contained In S. 80 Of Arbitration Act Not Applicable: Allahabad High Court Case Title: Bata India Limited & Anr. Bombay High Court: Arbitration: Application For Amendment Of Statement Of Claims Can Be Opposed On All Available Grounds, Including Ground Of Delay: …

Intention Of Legislature Is To Limit The Interference By The Courts In The Process Of Arbitration: Delhi HC
1 year, 10 months ago

Intention Of Legislature Is To Limit The Interference By The Courts In The Process Of Arbitration: Delhi HC

Live Law  

The Delhi High Court while dismissing the Petitions filed under Section 34 of Arbitration and Conciliation Act, 1996 has observed that it was deemed necessary by the legislature as well as the Courts to limit the interference by the Courts in the process of Arbitration, especially after the proceedings had been concluded. The Court also observed that unfettered intervention in …

Arbitration Cases Weekly Round-Up: April 9 To April 15, 2023
1 year, 11 months ago

Arbitration Cases Weekly Round-Up: April 9 To April 15, 2023

Live Law  

Supreme Court: Limited Scrutiny of Court Under Section 11 Of Arbitration Act Through The “Eye Of The Needle”, Is Necessary And Compelling: Supreme Court Case Title: NTPC Ltd vs M/s SPML Infra Ltd The Supreme Court has ruled that the court while exercising jurisdiction under Section 11 of the Arbitration and Conciliation Act, 1996 is not expected to act mechanically, …

Arbitration Cases Weekly Round-Up: 28 August To 3 September, 2022
2 years, 6 months ago

Arbitration Cases Weekly Round-Up: 28 August To 3 September, 2022

Live Law  

Bombay High Court: Notice Under Section 21 Of A&C Act Issued; Court Not Barred From Exercising Jurisdiction Under Section 9: Bombay High Court Case Title: Relcon Infroprojects Ltd. & Anr. Refusal Of The Defendant To Amicably Settle The Dispute Satisfies The Requirement Of Pre-Litigation Mediation Under Commercial Courts Act: Delhi High Court Case Title: BOLT Technology OU versus Ujoy Technology …

Section 29A Of The A&C Act Applies Prospectively Does Not Apply To Arbitration That Commenced Before The 2015 Amendment: Bombay High Court
2 years, 7 months ago

Section 29A Of The A&C Act Applies Prospectively Does Not Apply To Arbitration That Commenced Before The 2015 Amendment: Bombay High Court

Live Law  

The High Court of Bombay has held that Section 29A of the A&C Act that provides a timeline of 12 months for passing an arbitral award would not apply to arbitration that commenced before the 2015 Amendment to the Act. Kulkarni held that provisions of Section 29A of the A&C Act, which was incorporated into the principal act via the …

Supreme Court Quarterly Digest 2022- ARBITRATION (Jan - Mar)
2 years, 10 months ago

Supreme Court Quarterly Digest 2022- ARBITRATION (Jan - Mar)

Live Law  

Arbitration Act, 1940; Section 30, 33 - Scope of interference by courts - A Court does not sit in appeal over an Award passed by an Arbitrator and the only grounds on which it can be challenged are those that have been specified in Sections 30 and 33 of the Arbitration Act, namely, when there is an error on the …

Arbitration - 2015 Amendment Won't Apply To Section 34 Applications Filed Prior To It : Supreme Court
3 years, 4 months ago

Arbitration - 2015 Amendment Won't Apply To Section 34 Applications Filed Prior To It : Supreme Court

Live Law  

The Supreme Court has held that the 2015 amendment to Section 34 of the Arbitration and Conciliation Act 1996 will apply only to Section 34 applications that have been made after the date of the amendment. The Court notes that by way of the 2015 Amendment a distinction is sought to be carved out between a domestic award arising from …

Section 37 Arbitration Act A Complete Code; Order Under Sec 17(2) Enforcing Emergency Arbitrator's Award Not Appealable Under Sec.37 : Supreme Court
3 years, 7 months ago

Section 37 Arbitration Act A Complete Code; Order Under Sec 17(2) Enforcing Emergency Arbitrator's Award Not Appealable Under Sec.37 : Supreme Court

Live Law  

The Supreme Court has held that an order of enforcement of an Emergency Arbitrator's order made under Section 17 of the Arbitration and Conciliation Act is not appealable under Section 37 of the Act.Section 37 is a complete code so far as appeals from orders and awards made under the Arbitration Act are concerned, the bench of Justice RF Nariman …

Important Supreme Court Judgments On Arbitration Passed Recently
3 years, 10 months ago

Important Supreme Court Judgments On Arbitration Passed Recently

Live Law  

The Supreme Court of India has pronounced numerous judgments in the matters related to the Arbitration and Conciliation Act, 1996, from January, 2021 to May, 2021. Gavai and Hrishikesh Roy held that the object of speedy disposal sought to be achieved under the Arbitration Act and the Commercial Courts Act, for appeals filed under section 37 of the Arbitration Act …

Centre Notifies Arbitration & Conciliation (Amendment) Act 2021
4 years ago

Centre Notifies Arbitration & Conciliation (Amendment) Act 2021

Live Law  

The Central Government has notified the Arbitration and Conciliation Act, 2021. It seeks to amend the Arbitration and Conciliation Act, 1996 so as to enable automatic stay on awards if it is prima facie satisfied that the relevant arbitration agreement or contract/ making of the award was induced by fraud or corruption and omit Schedule VIII of the Act and …

Arbitration Court Reckoner : August 2020
4 years, 6 months ago

Arbitration Court Reckoner : August 2020

Live Law  

By way of the present column, an attempt is made to briefly review the salutary judgments pronounced by the Courts in the month of August 2020 under the Arbitration & Conciliation Act, 1996. Test of Emergent Necessity for grant of relief under S. 9 In Avantha Holdings Ltd. v Vistra ITC India Ltd. High Court of Delhi held that the …

Timelines For The Making Of An Arbitral Award In View Of The Arbitration And Conciliation (Amendment) Act, 2019 – The Continuing Saga Of Retrospective Applicability
4 years, 6 months ago

Timelines For The Making Of An Arbitral Award In View Of The Arbitration And Conciliation (Amendment) Act, 2019 – The Continuing Saga Of Retrospective Applicability

Live Law  

The Arbitration and Conciliation Act, 2019 came into force on 30.08.2019. The Supreme Court in BCCI referring to Section 29A of the Act, as incorporated in by way of Amendment of 2015 held it to be a procedural law, as it does not create new rights and liabilities, but held that amendment to be prospective in view of Section 26 …

Judicial Inroads Into Arbitration: Section 34 Saga
4 years, 8 months ago

Judicial Inroads Into Arbitration: Section 34 Saga

Live Law  

The theme of "Judicial Inroads into arbitration" is replete with conundrums; one can easily get bogged down in definitions and the limits, both conceptual as well as practical. Section 34 of 1996 Act mentions certain grounds on account of which the Court can set aside the arbitral award, provided the party assailing such awards is able to prove the conditions …

Arbitration: 2019 Amendment To Section 29A Timeline Has Retrospective Effect From 23 October 2015, Holds Delhi HC [Read Judgment]
4 years, 8 months ago

Arbitration: 2019 Amendment To Section 29A Timeline Has Retrospective Effect From 23 October 2015, Holds Delhi HC [Read Judgment]

Live Law  

Infusing clarity on the applicability of the amended Section 29A of the Arbitration and Conciliation Act, 1996,, the Single Judge of the Delhi High Court in the case of ONGC PETRO ADDITIONS LIMITED vs. FERNS CONSTRUCTION CO. INC, pronounced on 21 July 2020, has found that the amendments to Section 29A in 2019, fixing the 12 month time frame from …

Test For Allowing Or Rejecting An Amendment To 'Section 34' Arbitration Petition: Calcutta HC Explains [Read Judgment]
4 years, 9 months ago

Test For Allowing Or Rejecting An Amendment To 'Section 34' Arbitration Petition: Calcutta HC Explains [Read Judgment]

Live Law  

The Calcutta High Court has observed that the test for allowing or rejecting an amendment to existing grounds in an Arbitration Petition under Section 34 of Arbitration and Conciliation Act is whether the proposed grounds would necessitate filing of a fresh application for setting aside of the Award. The court was dealing with an application filed by a party seeking …

Sec 29A Arbitration Act :Power To Appoint Governs Power To Extend?
4 years, 9 months ago

Sec 29A Arbitration Act :Power To Appoint Governs Power To Extend?

Live Law  

The Arbitration & Conciliation Act, 2015 ushered in several sweeping changes in the Arbitration & Conciliation Act, 1996 with the laudable objective to make arbitration a preferred mode of dispute resolution of commercial disputes by seeking to make it efficacious, expeditious and cost effective. This question emerged as while the word used in S. 29A is 'Court', which would then …

Section 29A: Time's Up or Is It?
4 years, 10 months ago

Section 29A: Time's Up or Is It?

Live Law  

Section 29A of the Arbitration and Conciliation Act, 1996 was inserted by the Arbitration and Conciliation Act, 2015 with the aim of speeding up arbitration proceedings in India. A large number of orders have been passed by the Delhi High Court and the Bombay High Court well after 30 August 2019 extending the time period for arbitrations on the basis …

Arbitration - Order Returning Sec 34 Application For Presentation In Proper Court Not Appealable Under Sec 37 : SC [Read Judgment]
5 years, 2 months ago

Arbitration - Order Returning Sec 34 Application For Presentation In Proper Court Not Appealable Under Sec 37 : SC [Read Judgment]

Live Law  

The order of a Court returning an application under Section 34 of the Arbitration and Conciliation Act 1996 for presentation before the proper forum is not appealable under Section 37 of the Act.This was held by the Supreme Court in a judgment delivered on December 10,2019 in the case BGS SGS Soma JV vs NHPC Ltd.A three judge bench comprising …

SC Strikes Down Section 87 Of Arbitration & Conciliation Act Inserted By 2019 Amendment [Updated With Judgment]
5 years, 3 months ago

SC Strikes Down Section 87 Of Arbitration & Conciliation Act Inserted By 2019 Amendment [Updated With Judgment]

Live Law  

In a significant judgment, the Supreme Court on Wednesday struck down Section 87 of the Arbitration and Conciliation Act 1996, which was inserted through the 2019 amendment Act passed by the Parliament last monsoon session.The judgment was delivered in the case Hindustan Construction Company Ltd v Union of India, which was heard by a bench comprising Justices R F Nariman, …

'India Cannot Become Hub Of Arbitration If You Go On Like This' : Justice Nariman Tells Centre On Sec 87 Of Arbitration Act
5 years, 5 months ago

'India Cannot Become Hub Of Arbitration If You Go On Like This' : Justice Nariman Tells Centre On Sec 87 Of Arbitration Act

Live Law  

While hearing a petition challenging constitutionality of Section 87 inserted in the Arbitration and Conciliation Act by the 2019 amendment, Supreme Court judge Justice R F Nariman expressed his criticism about the provision. "You have put the clock back", the judge told Solicitor General Tushar Mehta about the Section which nullified the effect of 2018 SC judgment deciding the prospective …

Section 34 Arbitration Act- Additional Evidence Can Be Adduced Only In Exceptional Cases: SC [Read Judgment]
5 years, 6 months ago

Section 34 Arbitration Act- Additional Evidence Can Be Adduced Only In Exceptional Cases: SC [Read Judgment]

Live Law  

The Supreme Court has held that proceedings under Section 34 of Arbitration and Conciliation Act will not ordinarily require anything beyond the record that was before the arbitrator and only in exceptional case, additional evidence can be permitted to be adduced.The bench comprising Justice R. Banumathi and Justice AS Bopanna was considering an appeal against a High Court. The Supreme …

There Are Glaring Loopholes In The 2019 Arbitration Amendment Act : Justice Nariman
5 years, 6 months ago

There Are Glaring Loopholes In The 2019 Arbitration Amendment Act : Justice Nariman

Live Law  

The 2019 Arbitration Amendment Act has several "glaring loopholes", opined Justice R F Nariman, judge of Supreme Court of India. He was delivering key note address at the 3rd ICC India Arbitration Day event organized by Indian Chamber of Commerce at Delhi on Saturday.Justice Nariman pointed out that the Arbitration and Conciliation Act 2018 has inserted 8th schedule to the. …

Amendment In Arbitration Act Will Not Lead To Reconstituting The Pre-existing Tribunals: Delhi HC [Read Judgment]
5 years, 6 months ago

Amendment In Arbitration Act Will Not Lead To Reconstituting The Pre-existing Tribunals: Delhi HC [Read Judgment]

Live Law  

Delhi High Court has held that there's no need to reconstitute Arbitral Tribunals existing since prior to 2015 just because the Amendment Act was brought in the same year. In the present case, the Petitioners had asked the court to issue directions to the Respondents to constitute a new arbitral tribunal and conduct the arbitration as per the Arbitration and …

Arbitration And Conciliation (Amendment) Act 2019 - A Primer
5 years, 6 months ago

Arbitration And Conciliation (Amendment) Act 2019 - A Primer

Live Law  

It was once famously said by Benjamin Franklin, one of the founding fathers of the United States and an outstanding polymath that, "When will mankind be convinced and agree to settle their difficulties by arbitration?". Little did he know that the Government of India would be faced with the same dilemma more than three centuries later. In an endeavour to …

SC Decision in BCCI vs. Kochi Cricket: Much Ado About Nothing?
6 years, 11 months ago

SC Decision in BCCI vs. Kochi Cricket: Much Ado About Nothing?

Live Law  

After many rounds of deliberations and at least two Law Commission Reports separated by more than a decade, the Arbitration and Conciliation Act, 1996 was finally amended on 23 October 2015 by way of an ordinance. Immediately following the promulgation of the ordinance, Indian courts have been dealing with contentions on whether or not the amended provisions apply to proceeding …

Conflict And Conundrum: Section 26 Of The Arbitration And Conciliation (Amendment) Act, 2015
7 years ago

Conflict And Conundrum: Section 26 Of The Arbitration And Conciliation (Amendment) Act, 2015

Live Law  

Section 26 of Arbitration and Conciliation Act, 2015 was enshrined to give hiatus to the controversy of applicable provisions to the pending arbitral proceedings. Nothing contained in this Act shall apply to the arbitral proceedings commenced, in accordance with the provisions of section 21 of the principal Act, before the commencement of this Act unless the parties otherwise agree but …

Conflict And Conundrum: Section 26 Of The Arbitration And Conciliation (Amendment) Act, 2015
7 years ago

Conflict And Conundrum: Section 26 Of The Arbitration And Conciliation (Amendment) Act, 2015

Live Law  

Section 26 of Arbitration and Conciliation Act, 2015 was enshrined to give hiatus to the controversy of applicable provisions to the pending arbitral proceedings. Nothing contained in this Act shall apply to the arbitral proceedings commenced, in accordance with the provisions of section 21 of the principal Act, before the commencement of this Act unless the parties otherwise agree but …

Arbitration Amendment Act 2015: New Section 36 Apply Even To pending Section 34 Applications On The Date Of Commencement Of The Amendment Act [Read Judgment]
7 years ago

Arbitration Amendment Act 2015: New Section 36 Apply Even To pending Section 34 Applications On The Date Of Commencement Of The Amendment Act [Read Judgment]

Live Law  

“Since it is clear that execution of a decree pertains to the realm of procedure, and that there is no substantive vested right in a judgment debtor to resist execution, Section 36, as substituted, would apply even to pending Section 34 applications on the date of commencement of the Amendment Act”, said the Bench.A Supreme Court bench of Justice R.F. …

Cabinet Approves The Arbitration And Conciliation (Amendment) Bill, 2018, Read The Salient Features
7 years ago

Cabinet Approves The Arbitration And Conciliation (Amendment) Bill, 2018, Read The Salient Features

Live Law  

The Union Cabinet chaired by Prime Minister Shri Narendra Modi on Wednesday approved the Arbitration and Conciliation Bill, 2018 for introduction in the Parliament.The Amendment is intended to facilitate achieving the goal of improving institutional arbitration by establishing an independent body to lay down standards, make arbitration process more party friendly, cost-effective. However, to give a boost to institutional, arbitration …

Cabinet Approves The Arbitration And Conciliation (Amendment) Bill, 2018, Read The Salient Features
7 years ago

Cabinet Approves The Arbitration And Conciliation (Amendment) Bill, 2018, Read The Salient Features

Live Law  

The Union Cabinet chaired by Prime Minister Shri Narendra Modi on Wednesday approved the Arbitration and Conciliation Bill, 2018 for introduction in the Parliament.The Amendment is intended to facilitate achieving the goal of improving institutional arbitration by establishing an independent body to lay down standards, make arbitration process more party friendly, cost-effective. However, to give a boost to institutional, arbitration …

How Not So Carefully Drafted One-Side Clause Can Backfire! Delhi HC Makes 2015 Amendments To Arbitration Act Applicable To Proceedings Initiated Under The 1996 Act
7 years, 11 months ago

How Not So Carefully Drafted One-Side Clause Can Backfire! Delhi HC Makes 2015 Amendments To Arbitration Act Applicable To Proceedings Initiated Under The 1996 Act

Live Law  

Yesterday on 11th April 2017, Justice S. Muralidhar in Ratna Infrastructure Projects Pvt. The Court interpreted the words “unless the parties otherwise agree” as used in the Section 26 of the Amendment Act in light of the standard agreement terms and held that the amendment act shall be applicable to the arbitral proceedings initiated before 23 October 2015, since the …

Time Bound Arbitration: The Merits And Implementation Disabilities Of Section 29A
8 years ago

Time Bound Arbitration: The Merits And Implementation Disabilities Of Section 29A

Live Law  

In spirit, the purpose of alternatives to the court process is speedy, efficient and cost-effective dispute resolution. A consequence of arbitration in India defeating this purpose is the “well intended” Section 29A of the Arbitration and Conciliation Act, 2015.Section 29A imposes a 12 month time frame on completion of an arbitration proceeding, from the date. A consequence of arbitration in …

Time Bound Arbitration: The Merits And Implementation Disabilities Of Section 29A
8 years ago

Time Bound Arbitration: The Merits And Implementation Disabilities Of Section 29A

Live Law  

In spirit, the purpose of alternatives to the court process is speedy, efficient and cost-effective dispute resolution. A consequence of arbitration in India defeating this purpose is the “well intended” Section 29A of the Arbitration and Conciliation Act, 2015.Section 29A imposes a 12 month time frame on completion of an arbitration proceeding, from the date. A consequence of arbitration in …

Mere choosing of the juridical seat of Arbitration attracts the law applicable to such location: Supreme Court [Read Judgment]
8 years, 10 months ago

Mere choosing of the juridical seat of Arbitration attracts the law applicable to such location: Supreme Court [Read Judgment]

Live Law  

Where the parties choose a juridical seat of Arbitration outside India and provide that the law which governs Arbitration will be a law other than Indian law, Part I of the Act would not have any application and, therefore, the award debtor would not be entitled to challenge the award by raising objections under Section 34 before a Court in …

12 Month timeline for Completion of Arbitrations under 2015 Ordinance, whether applicable to pending arbitrations; Madras HC asks Centre to clarify [Read Order]
9 years, 4 months ago

12 Month timeline for Completion of Arbitrations under 2015 Ordinance, whether applicable to pending arbitrations; Madras HC asks Centre to clarify [Read Order]

Live Law  

A Division Bench of Madras High Court has asked the Centre to clarify whether Section 29A of the Arbitration and Conciliation Ordinance, 2015 would apply to pending arbitrations. Section 29A provides for a mandatory 12 month timeline for arbitrations to be completed failing which parties have to approach Court and get an extension Order. Speaking to LiveLaw Mr. Anirudh Krishnan …

Amendment of Indian Arbitration Act: A Sigh of Relief for the Indian Arbitration Professionals and Clients!
9 years, 4 months ago

Amendment of Indian Arbitration Act: A Sigh of Relief for the Indian Arbitration Professionals and Clients!

Live Law  

The Indian arbitration scenario had always been abysmal. If the way in which arbitration proceedings were conducted under the 1940 Arbitration Act had made lawyers laugh and legal philosophers weep in view of unending prolixity, at every stage providing a legal trap to the unwary, the attempt to correct it under the 1996 Arbitration Act also failed. With a view …

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