The Dilemma Between The Arbitration And Conciliation Act & The Electricity Act

There is no quarrel that great strides have been made in promoting arbitration as the preferred dispute resolution choice for both India Inc. as well as many government organisations, in the last 2 decades. Capped time for disposal, minimal court intervention and certainty of interpretation (in matters of procedure, at least) are few reasons responsible for such growth. However, as in the case with all things that witness rapid evolution, there are often myriad issues which creep from flanks unthought-of and play a somewhat obstructionist role. One such issue which this article delves on, is the conflict between sections 79(1)(f) and 86(1)(f) of the Electricity Act, 2003 ("EA") on one hand, and section 11 of the Arbitration and Conciliation Act, 1996 ("ACA") on the other.