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ARTICLE · 06 JANUARY 2020

Arbitral Awards – Automatic Stays, On? And Casus Omissus For IBC

Khaitan & Co.
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Khaitan & Co.

Khaitan & Co.

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The 2015 Amendment Act which came into force from 23 October 2015 introduced certain game-changing amendments to the Arbitration Act.

IndiaLitigation, Mediation & Arbitration
Raj Panchmatia
Raj Panchmatia
Peshwan Jehangir
Peshwan Jehangir
Jaideep Singh Khattar
Jaideep Singh Khattar
Kushagra Agarwal
Kushagra Agarwal
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INTRODUCTION

On 27 November 2019, a three-judge bench of the Hon'ble Supreme Court delivered its much-awaited judgment in the case of Hindustan Construction Company Limited & Anr v Union of India, Writ Petition (Civil) No. 1074 of 2019 and put to rest the debate around section 87 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) as inserted by the Arbitration and Conciliation (Amendment) Act, 2019 (2019 Amendment Act). The Supreme Court struck down the insertion of Section 87 into the Arbitration Act and deletion of Section 26 of the Arbitration and Conciliation (Amendment) Act, 2015 (2015 Amendment Act) as being manifestly arbitrary under Article 14 of the Constitution of India.

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