Arbitration Notice

As per Section 21 of The Principal Act, Arbitral Proceedings commence on date on which a request for Arbitration is received.    

Union of India v. Parmar Construction Company, (2019) 15 SCC 682, which is directly on point, specifically observed, The Amendment Act shall not apply to Arbitral Proceedings which commence, before coming into force of The Amendment Act, in accordance with provisions of Section 21 of The Principal Act, unless parties otherwise agree. Similar view has been expressed in S.P. Singla Constructions Private Limited v. State of Himachal Pradesh, (2019) 2 SCC 488.  

Parmar Construction Company and Union of India v. Pradeep Vinod Construction Company, (2020) 2 SCC 464 cannot be said to be per incuriam and/or in conflict with Board of Control for Cricket in India v. Kochi Cricket Pvt. Ltd., (2018) 6 SCC 287.  

– Hon’ble Justice M.R. Shah, M/s. Shree Vishnu Constructions v. Engineer in Chief, Military Engineering Service, [Civil  Appeal No. 3461 of 2023].