Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 2015 Arbitration and Conciliation (Amendment) Act 2015 – s.26 – Applicability of Amendment Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Arbitration and Conciliation Act, 1996 (26 of 1996) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Arbitration and Conciliation (Amendment) Act, 2015 – s. 26 – Applicability of Amendment Act, 2015 – Whether the provisions of the old Act (pre-Amendment Act, 2015) or the new Act (Amendment Act, 2015) shall be applicable when the notice invoking arbitration is issued prior to the Amendment Act, 2015 but application to appoint arbitrator u/s. 11(6), 1996 Act is filed post Amendment Act, 2015 – Held: In a case where the notice invoking arbitration is issued prior to the Amendment Act, 2015 and the application u/s.11(6) is filed post Amendment Act, 2015, the Amended Act, 2015 shall not be applicable and the parties shall be governed by the pre-amendment Act, 2015 – Arbitration and Conciliation Act, 1996 – ss. 11(6), 21. Arbitration and Conciliation (Amendment) Act, 2015 – Whether the decision in the cases of Union of India v. Parmar Constructions Company reported as [2019] 5 SCR 1009 and Union of India v. Pradeep Vinod Construction Company reported as [2012] 17 SCR 64 are per incuriam as the decision in the case of Board of Control for Cricket in India (BCCI) v. Kochi Cricket Private Limited and Ors. reported as [2018] 2 SCR 829 was not considered in the said decisions – Held: No – Arbitration and Conciliation Act, 1996. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2023 INSC 508 |
Petitioner | M/s. Shree Vishnu Constructions |
Respondent | The Engineer In Chief Military Engineering Service & Ors. |
SCR | [2023] 5 S.C.R. 327 |
Judgement Date | 2023-05-09 |
Case Number | 3461 |
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