In Brief
This landmark judgment interprets Section 26 of the Arbitration and Conciliation (Amendment) Act, 2015, deciding that the amended Section 36 (regarding enforcement of awards) applies to Section 34 applications (challenging awards) filed before the Amendment Act's commencement. The Court held that Section 26 bifurcates proceedings: arbitral proceedings follow the law existing when they commenced under Section 21; Court proceedings follow the law in force when they are filed. Since enforcement/execution is procedural and no party has a vested right in procedure, amended Section 36 applies retrospectively to pending Section 34 applications. The Amendment Act is prospective overall, but execution proceedings arising from arbitrations commenced before the Amendment Act are governed by the amended Section 36 if such Court proceedings commenced after the Amendment Act. The decision upheld the legislative intent to minimize Court intervention and expedite arbitration.
The lawyer headnote and full judgment text are available to registered users.