https://www.taxtmi.com/caselaws?id=274228 Section 34(5) of the Arbitration and Conciliation Act, 1996 did not apply to a challenge against an arbitral award where the arbitral proceedings had commenced before 23.10.2015. Section 26 of the 2015 Amendment Act made the amendments prospective unless the parties agreed otherwise, and commencement under Section 21 is fixed by receipt of the request for reference by the respondent. As the proceedings had begun long before the amendment date and there was no contrary agreement, the prior-notice requirement under Section 34(5) could not be invoked to defeat maintainability. The objection was therefore unsustainable, and the matter was remitted for consideration on the remaining issues. en-us Thu, 16 Feb 2017 00:00:00 +0530 Fri, 03 Aug 2018 07:56:23 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=274228 Section 34(5) of the Arbitration and Conciliation Act, 1996 did not apply to a challenge against an arbitral award where the arbitral proceedings had commenced before 23.10.2015. Section 26 of the 2015 Amendment Act made the amendments prospective unless the parties agreed otherwise, and commencement under Section 21 is fixed by receipt of the request for reference by the respondent. As the proceedings had begun long before the amendment date and there was no contrary agreement, the prior-notice requirement under Section 34(5) could not be invoked to defeat maintainability. The objection was therefore unsustainable, and the matter was remitted for consideration on the remaining issues. Case-Laws Indian Laws Thu, 16 Feb 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=274228