Section 34 of The Arbitration Act II

Posted on by Rudrajyoti Nath Ray

My Lord, Amendments made in Section 34 are applicable to Applications under Section 34 after 23.10.2015?

Yes.

“Radical changes have been made by The Arbitration and Conciliation (Amendment) Act, 2015 with effect from 23.10.2015.

See, Board of Control for Cricket in India v. Kochi Cricket (P.) Ltd., (2018) 6 SCC 287.

We declare that Section 34, as amended, will apply only to Section 34 Applications that have been made to the Court on or after 23.10.2015, irrespective of the fact that the Arbitration Proceedings may have commenced prior to that date.”

– Hon’ble Justice R.F. Nariman, Ssangyong Enginerring & Construction Co. Ltd. v. National Highways Authority of India, [Civil Appeal No. 4779 of 2019].

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Also see, Ratnam Sudesh Iyer v. Jackie Kakubhai Shroff, [Civil Appeal No. 6112 of 2021] decided on 10.11.2021.

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