The Fate Of Automatic Stay On Section 34 Petitions Filed Post Amendment

INTRODUCTION

The Division bench¹ of the Delhi High Court ("HC") in a batch of Petitions titled, "Ardee Infrastructure Pvt. Ltd. v. Ms. Anuradha Bhatia &Ardee Infrastructure Pvt. Ltd. v. Yashpal & Sons"² augments more ambiguity to the already existing controversy with regard to the applicability of the amended provisions viz. Section 34 and Section 36 of the Arbitration and Conciliation (Amendment) Act, 2015 ("The Amendment Act").

The HC observed that all petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996 ("The Act") prior to the amendment i.e. 23.10.2015, would be considered under the Unamended provisions of the 1996 Act and consequently, the contesting party would be entitled to automatic stay of enforcement of the award till the disposal of the said petitions.