AdvocateKhoj
Login : Advocate | Client
Home Post Your Case My Account Law College Law Library
    

Report No. 176

(39) Sections 32, 33 and 34 of the Amending Act: Section 32 is proposed to deal with "Transitory Provisions", Section 33 with "Time limits and speeding up the arbitral process" for pending arbitration proceedings under the 1996 Act, and Section 34 to deal with "Time limits and speeding up the arbitral process" in connection with pending arbitration proceedings under the 1940 Act.

(i) Section 32 of the Amending Act: The proposed amending Act being procedural in nature, it will apply to pending arbitration proceedings also, unless the said Act is made prospective. To achieve this, it is being provided in sub-section (1) of Section 32, that the amendments will, subject to the provisions of sub-sections (2) to (17), be prospective. In sub-sections (2) to (17), certain specific provisions of the proposed amending Act are made applicable to pending arbitrations, pending applications and awards already passed under the 1996 Act.

(paragraph 2.41.2)

Sufficient care has been taken to see that only those provisions will apply which will speed up the entire arbitral process before the arbitral tribunal and before the Courts under Section 2(1)(e) or before the Appellate Courts upto the High Court. The proposed section 37A is also made applicable to pending arbitration proceedings to enable the Courts to dismiss applications and appeals in limini or to dispose them of only if substantial prejudice is shown.

(ii)(a) Section 33 of the Amending Act: The proposed section 34 states that the arbitration proceedings pending before an arbitral tribunal appointed under the 1996 Act for more than three years should be completed within another year, failing which, the procedure enables the Court to fix the time schedule as stated in sub-sections (4) to (8) of Section 29A, till the award is passed.

(Even the proposed provisions in Section 23(1) and 24(1), and 24A are applied under Section 33 to pending proceedings under the 1996 Act).

All pending applications and appeals in the Courts arising out of the 1996 Act are to be disposed of in six months and all appeals against interim orders in three months, from the date of commencement of the amending Act. Section 37A is also made applicable to pending arbitration proceedings to enable the Courts to dismiss applications and appeals in limini or to dispose them of only if substantial prejudice is shown.

(b) In the case of pending arbitration under the 1996 Act where three years have not expired by the date of commencement of the proposed amending Act, it is proposed that, on completion of that period, a further period of six months is to be granted for passing of the award, failing which the time schedule and procedure under sub-sections (4) to (8) of Section 29A as stated above will apply, till the award is passed.

(Paragraph 2.42.1)

(iii) Section 34 of the Amending Act: This section proposes that all arbitration proceedings which were started under the 1940 Act, if they have not been completed (unless there is a stay order) by the date of commencement of the amending Act, have to be completed within one year from such commencement failing which the time schedule and the procedure will be monitored by the relevant Court under Section 2(c) or Section 21 of the 1940 Act, as the case may be by applying the provisions of sub-sections (4) to (8) of Section 29A till the award is passed.

If matters are pending before the arbitrators, the provisions of Section 23(1) and 24(1) and 24A and 24B shall apply to strengthen the hands of the arbitrators to fix the time schedules and to have their orders implemented or to get them implemented by the relevant Court mentioned above. Pending applications in Court to make the award a rule of Court or pending objections to set aside the award and, pending appeals under Section 39, under the 1940 Act, have to be disposed of within one year of the commencement of the Act.

Appeals and revisions against interim orders and other applications where stay of arbitration proceedings is granted by Courts, have to be disposed of within six months from the date of commencement of amending Act. Section 37A is also made applicable to pending arbitration proceedings to enable the Courts to dismiss applications and appeals in limini or to dispose them of only if substantial prejudice is shown.

(Paragraph 2.43.2)



The Arbitration and Conciliation (Amendment) Bill, 2001 Back




Client Area | Advocate Area | Blogs | About Us | User Agreement | Privacy Policy | Advertise | Media Coverage | Contact Us | Site Map
powered and driven by neosys