https://www.taxtmi.com/caselaws?id=274245 For arbitrations commenced by a notice invoking section 21 before 23 October 2015, the Arbitration and Conciliation (Amendment) Act, 2015 was held not to apply merely because the award or section 34 petition was filed later; the governing law remained the unamended Act because commencement of proceedings fixes the applicable regime and preserves the accrued right to challenge the award. Prior notice under section 34(5) was treated as directory, not mandatory, because it is procedural, contains no express consequence for breach, and permits waiver or substantial compliance. The preliminary objections were therefore rejected and the petitions proceeded under the pre-amendment framework. en-us Wed, 21 Feb 2018 00:00:00 +0530 Fri, 03 Aug 2018 07:59:10 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=274245 For arbitrations commenced by a notice invoking section 21 before 23 October 2015, the Arbitration and Conciliation (Amendment) Act, 2015 was held not to apply merely because the award or section 34 petition was filed later; the governing law remained the unamended Act because commencement of proceedings fixes the applicable regime and preserves the accrued right to challenge the award. Prior notice under section 34(5) was treated as directory, not mandatory, because it is procedural, contains no express consequence for breach, and permits waiver or substantial compliance. The preliminary objections were therefore rejected and the petitions proceeded under the pre-amendment framework. Case-Laws Indian Laws Wed, 21 Feb 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=274245