Arbitration Act

napster 23 Jul 2010, 15:13

Hey

I want to know if two parties can still sign an arbitration agreement according to Arbitration Act 1940?

The new Arbitration Act of 1996 is generally used but can two parties still use the old Act as a base ?

Please explain.

Thanks

gyan 24 Jul 2010, 15:15

No.

napster 25 Jul 2010, 15:28

Could you please give reasoning ? :)

It would help me to better understand it. A link to a place which explains it will also be good enough.

AnonymousLLB 30 Jul 2010, 12:23

85.Repeal and savings.- (1) The Arbitration (Protocol and Convention) Act, 1937 (6 of 1937), the Arbitration Act, 1940 (10 of 1940)

and the Foreign Awards (Recognition and Enforcement) Act, 1961 (45 of 1961) are hereby repealed.

(2) Notwithstanding such repeal,-----

(a) the provisions of the said enactments shall apply in relation to arbitral proceedings which commenced before this Act came into

force unless otherwise agreed by the parties but this Act shall apply in relation to arbitral proceedings which commenced on or after

this Act comes into force;

(b) all rules made and notifications published, under the said enactments shall, to the extent to which they are not repugnant to this

Act, be deemed respectively to have been made or issued under this Act,

This is sec 85 of the 1996 at, i believe now you have your answer!!

Adv. Debjyoti

napster 31 Jul 2010, 12:42

Yes. I have my answer now. Thank you.

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