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Report No. 176

32. Transitory provisions

(1) Subject to the provisions of sub-sections (2) to (17), the provisions of the principal Act as amended by this Act shall be prospective in operation and shall not in particular apply to -

(i) any application made by a party to the arbitration agreement before the Judicial authority referred to in sub-section (1) of section 8 of the principal Act or to any appointment made by a judicial authority under that section before the commencement of this Act;

(ii) any request made to a party or to the Chief Justice of India or to the Chief Justice of a High Court under section 11 of the principal Act before the commencement of this Act;

(iii) any appointment of arbitral tribunal made before the commencement of this Act under section 11 of the principal Act by the parties to the arbitration agreement or any appointment made under the said section before the commencement of this Act by a party who is authorized under the arbitration agreement to make such appointment without the consent of the other party or parties to the arbitration agreement or any appointment made by the Chief justice of India or his designate or the Chief Justice of a High Court or his designate before the commencement of this Act;

(iv) any award passed under the principal Act, before the commencement of this Act.

(2) Subject to the provisions of sub-sections (3) to (17), the provisions of this Act shall apply to arbitration agreements entered into before the commencement of this Act, where no-

(i) request for appointment of arbitral tribunal; or

(ii) application for appointment of arbitral tribunal; or

(iii) appointment of arbitral tribunal, has been made under the principal Act, before the commencement of this Act.

(3) The provisions of clause (b) of sub-section (2) of section 2 as inserted in the principal Act, by clause (ii) of section 2 of this Act, shall apply to-

(i) applications made, before a judicial authority in a legal proceeding under section 8 of the principal Act or before a court under section 9 of the principal Act, which are pending at the commencement of this Act in connection with the arbitrations of the nature specified in sub-section (2) of section 2 of the principal Act;

(ii) awards arising out of arbitrations of the nature specified in sub-section (2) of section 2 of the principal Act passed before the commencement of this Act ,for the purposes of their finality under section 35 of the principal Act and enforcement under section 36 of the principal Act.

(4) The provisions of sub-section (10) of section 2, as inserted in the principal Act by clause (iii) of section 2 of this Act shall apply to arbitral proceedings under the principal Act, pending before the principal courts referred to in that sub-section, at the commencement of this Act.

(5) The provisions of section 6 of the principal Act, as amended by section 4 of this Act, shall apply to arbitral proceedings under the principal Act, pending before an arbitral tribunal, at the commencement of this Act.

(6) The provisions of sub-sections (4),(5) and (6) of section 9, as inserted in the principal Act, by section 8 of this Act, shall apply to all applications under section 9, pending in the court at the commencement of this Act.

(7) The provisions of section 10A as inserted in the principal Act, by section 9 of this Act, shall apply to arbitration agreements in relation to which, the requests for appointment of arbitral tribunal are pending decision at the date of the commencement of this Act, if the arbitral tribunal has not been appointed at the date of such commencement.

(8) The provisions of sections 17 of the principal Act, as substituted by section 14 of this Act shall apply to arbitral proceedings under the principal Act, before an arbitral tribunal, pending at the commencement of this Act.

(9) The provisions of sub-section (1) of section 20 of the principal Act, as substituted by section 15 of this Act, shall apply to arbitration agreements in relation to which, requests for appointment of arbitral tribunal and applications for appointment of arbitral tribunal, are pending decision at the date of the commencement of this Act, if the arbitral tribunal has not been appointed by the date of such commencement.

(10) The provisions of sub-section (1) of section 23 of the principal Act, as amended by section 16 of this Act, shall apply to arbitral proceedings under the principal Act, pending before an arbitral tribunal at the commencement of this Act, where the claim, defence or rejoinder statements have not been filed before the arbitral tribunal at the date of such commencement.

(11) The provisions of sub-section (1) of section 24 of the principal Act, as amended by section 17 of this Act and of sub-section (1A) of section 24 of the principal Act, as inserted by that section, shall apply to arbitral proceedings under the principal Act, pending before an arbitral tribunal at the commencement of this Act where oral evidence or oral arguments as the case may be, have not been completed at the date of such commencement.

(12) The provisions of section 24A, as inserted in the principal Act, by section 18 of this Act , shall apply to the orders of the arbitral tribunal, if any ,passed under sections 17,23 and 24 of the principal Act before the commencement of this Act, where such orders have not been complied with at the date of such commencement by the party to whom they were directed.

(13) The provisions of section 28 of the principal Act, as amended by section 19 of this Act, shall apply to arbitration agreements in relation to which, requests for appointment of arbitral tribunal and applications for appointment of arbitral tribunal are pending decision at the date of the commencement of this Act, if the arbitral tribunal has not been appointed by the date of such commencement.

(14) The provisions of-

(i) sub-section (3) of section 29 ,as inserted in the principal Act by section 20 of this Act ;

(ii) section 31A , as inserted in the principal Act by section 22 of this Act ;

(iii) section 34, as amended by section 23 of this Act;

(iv)section 34A , as inserted in the principal Act by section 24 of this Act, shall apply to arbitral proceedings under the principal Act pending before the arbitral tribunal at the commencement of this Act, if awards have not been passed at the date of such commencement.

(15) The provisions of section 36 of the principal Act as amended by section 25 of this Act shall apply to all awards made under the principal Act pending enforcement at the commencement of this Act.

(16) The provisions of sub-sections (1) and (2) of section 37A, as inserted in the principal Act, by section 26 of this Act shall apply to applications under sub-section (1) of section 34 of the principal Act and appeals under section 37 of the principal Act pending at the commencement of this Act if no notice has been issued by the court under sub-section (1) of section 34 of the principal Act or under section 37 of the principal Act before the date of such commencement: Provided that where notice has been issued by the court in such application or appeal, the provisions of sub-section (1) of section 37A of the principal Act shall not apply.

(17) The provisions of sub-section (5) of section 43, as inserted in the principal Act, by clause (b) of section 28 of this Act, shall apply to the orders referred to in that sub-section if such orders are passed after the commencement of this Act, in arbitral proceedings under the principal Act, pending before an arbitral tribunal at such commencement.



The Arbitration and Conciliation (Amendment) Bill, 2001 Back




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