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2016 Supreme(Ker) 1343

SHAJI P.CHALY
Jacob Mathew – Appellant
Versus
P. T. C. Builders – Respondent


Advocates Appeared:
For the Appellant : V. Philip Mathew and Gibi C. George
For the Respondent: Saji Varghese

ORDER :

S.P. Chaly, J.

1. This arbitration request was disposed of by appointing an Arbitrator on 10/08/2016. The above I.A. is filed by the petitioner submitting that, the Arbitrator did not pass the award within the one year period prescribed as per the provisions of Amendment Act, 2015 and therefore, extension of time as prescribed under 29A of the Arbitration and Conciliation Act, 1996 is required. Section 29A of Act, 1996 was brought to force only w.e.f. 23/10/2015. It is evident from Section 26 of the Arbitration and Conciliation (Amendment) Act, 2015 that, nothing contained in the Amendment Act shall apply to the arbitration proceedings Commenced in accordance with the provisions of Section 21 of the principal Act before the commencement of the Amendment Act unless the parties otherwise agree. But the Amendment Act shall apply in relation to arbitral proceedings commenced on or after the date of commencement of the Amendment Act. Section 21 of the Act stipulates that unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for the dispute to be referred to arbitration is received by the responde


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