https://www.taxtmi.com/caselaws?id=183888 Arbitral proceedings commenced before the Arbitration and Conciliation Act, 1996 are governed by the Arbitration Act, 1940, because Sections 21 and 85 preserve pending proceedings under the earlier statute. A later award or an order directing enforcement does not, by itself, shift the matter to the 1996 Act. An earlier enforcement order also does not bar a challenge under the governing law where it did not decide the applicable statute or extinguish the available remedy, and res judicata cannot prevent such a challenge. The award challenge therefore remains to be examined under the 1940 Act on its merits. en-us Thu, 05 May 2005 00:00:00 +0530 Fri, 24 Jun 2016 12:23:33 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=183888 Arbitral proceedings commenced before the Arbitration and Conciliation Act, 1996 are governed by the Arbitration Act, 1940, because Sections 21 and 85 preserve pending proceedings under the earlier statute. A later award or an order directing enforcement does not, by itself, shift the matter to the 1996 Act. An earlier enforcement order also does not bar a challenge under the governing law where it did not decide the applicable statute or extinguish the available remedy, and res judicata cannot prevent such a challenge. The award challenge therefore remains to be examined under the 1940 Act on its merits. Case-Laws Indian Laws Thu, 05 May 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=183888