In Brief
A construction contractor claimed the benefit of a 2015 Amendment to the Arbitration Act, which narrowed a court's jurisdiction when appointing arbitrators, in order to obtain appointment of an arbitrator despite having issued a "no further claim" certificate. The High Court dismissed the request, holding that the old law applied because the arbitration notice was issued before the Amendment came into force. The Supreme Court upheld this decision, holding that where arbitration is invoked before 23.10.2015, the pre-amended law (which allowed courts to examine accord and satisfaction) governs, even if the appointment application is filed later. The Amendment Act does not have retrospective effect.
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