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Report No. 176

2.41.1 Transitory provisions - limited retrospectivity given:

Section 32 of the Amending Act The amending Act of 2001 being a procedural enactment, it will be retrospective under the general principles applicable to interpretation of statutes. But, it is not the intention of the Commission to give retrospective effect to all the provisions of the Amending Act. In fact, several provisions of the Amending Act, cannot be given retrospective effect.

Hence it is stated in sec. 32 of the Amending Act that the Amending Act will be prospective except to the limited extent it is made retrospective. Sub section (1) of 32 enforce says that the Act will be prospective and shall not apply to past requests or applications for appointment or appointments of arbitrators or awards already made before the commencement of this Act.

So far as "arbitration agreements" already entered into by the date of the Amending Act, it is stated that in sub section (2) of the Act that the Act will not apply if requests, applications for appointment or appointments have been made before the commencement of the Amending Act. Sub sections (3) to (17) refer to the limited circumstances and the limited extent to which the Amending Act applies.

Some provisions apply to different types of "applications" which are pending at the commencement of this Act; some provisions are applied to "arbitration proceedings" pending at the commencement of this Act but where no awards have been passed by that date. Some provisions are made application to "awards" passed after the commencement of this Act and where arbitration proceedings were pending at the commencement of the Act. Some provisions apply to orders passed after the Amending Act in pending arbitration proceedings.



The Arbitration and Conciliation (Amendment) Bill, 2001 Back




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