Arbitration (Amendment) Act, 2015 Shall Apply Retrospectively To Court Proceedings In Relation To Arbitral Proceedings

The Delhi High Court

• Holds that provisions of the Arbitration & Conciliation ( Amendment Act), 2015 ("Amendment Act") to apply retrospectively to all court proceedings related to arbitration proceedings instituted post the Amendment Act even if the arbitration commenced prior to the Amendment Act;
• Recognizes that the position regarding non-applicability of Part I of the Arbitration & Conciliation Act, 1996 ("Act") with respect to foreign seated arbitrations stands amended by virtue of Section 2 (2)¹ of the amended Act thereby making Section 9 of the Act available to parties even in case of a foreign seated arbitration even if the arbitration commenced prior to the Amendment Act;