https://www.taxtmi.com/caselaws?id=335981 Amendment to the Explanation to Section 47 of the Arbitration and Conciliation Act, 1996 changing the enforcement forum for foreign awards from the District Court to the High Court did not divest the District Court of jurisdiction in pending execution proceedings. The governing principle applied was that a change of forum does not affect proceedings already instituted unless the legislature clearly provides otherwise, and an existing forum is ordinarily preserved by vested right until displaced by express words or necessary implication. As the amendment contained no transfer, return, or abatement provision for pending matters, the District Court retained jurisdiction and dismissal of the execution application for want of jurisdiction was held illegal. en-us Wed, 30 Nov 2016 00:00:00 +0530 Wed, 14 Dec 2016 10:01:34 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=335981 Amendment to the Explanation to Section 47 of the Arbitration and Conciliation Act, 1996 changing the enforcement forum for foreign awards from the District Court to the High Court did not divest the District Court of jurisdiction in pending execution proceedings. The governing principle applied was that a change of forum does not affect proceedings already instituted unless the legislature clearly provides otherwise, and an existing forum is ordinarily preserved by vested right until displaced by express words or necessary implication. As the amendment contained no transfer, return, or abatement provision for pending matters, the District Court retained jurisdiction and dismissal of the execution application for want of jurisdiction was held illegal. Case-Laws Indian Laws Wed, 30 Nov 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=335981