Between The Lines... April, 2018

I. SUPREME COURT EXPANDS THE SCOPE OF ARBITRATION AMENDMENT ACT, 2015 TO PENDING COURT PROCEEDINGS FILED FOR SETTING ASIDE OF THE ARBITRAL AWARD

The Supreme Court in case of Board of Control for Cricket in India v. Kochi Cricket Private Limited (decided on March 15, 2018) held that the Arbitration and Conciliation (Amendment) Act, 2015 ("Amendment Act") shall apply to arbitration proceedings and court proceedings related to such arbitration proceedings initiated after the Amendment Act came to force i.e. October 23, 2015. It also made the Amendment Act applicable retrospectively to pre- amendment court proceedings under Section 34 (setting aside of arbitral award) of the Arbitration and Conciliation Act, 1996 ("Arbitration Act").