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    <title>2018 (5) TMI 1750 - GAUHATI HIGH COURT</title>
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    <description>An application under Section 34 of the Arbitration and Conciliation Act, 1996 was treated as non-maintainable because the pre-filing notice requirement in Section 34(5) was mandatory. Although the arbitral proceedings had commenced before the Arbitration and Conciliation (Amendment) Act, 2015, Section 26 preserved earlier proceedings only subject to the parties&#039; agreement, and the contract contemplated application of the Act as modified by statutory amendment. The Court therefore held that Section 34(5) continued to apply and could not be disregarded, with the result that the challenge to the award failed.</description>
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    <pubDate>Thu, 31 May 2018 00:00:00 +0530</pubDate>
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      <title>2018 (5) TMI 1750 - GAUHATI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=274249</link>
      <description>An application under Section 34 of the Arbitration and Conciliation Act, 1996 was treated as non-maintainable because the pre-filing notice requirement in Section 34(5) was mandatory. Although the arbitral proceedings had commenced before the Arbitration and Conciliation (Amendment) Act, 2015, Section 26 preserved earlier proceedings only subject to the parties&#039; agreement, and the contract contemplated application of the Act as modified by statutory amendment. The Court therefore held that Section 34(5) continued to apply and could not be disregarded, with the result that the challenge to the award failed.</description>
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      <pubDate>Thu, 31 May 2018 00:00:00 +0530</pubDate>
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