https://www.taxtmi.com/caselaws?id=300060 Arbitral proceedings commenced before 23 October 2015 remain governed by the pre-amendment Arbitration and Conciliation Act, 1996 because Section 26 of the 2015 Amendment excludes the amended regime once proceedings have started under Section 21, unless the parties agree otherwise. A no claim certificate and final payment do not automatically bar arbitration; the decisive question is whether the discharge was truly voluntary or was obtained under coercion, compulsion, or economic duress. Under Section 11(6), the court must ordinarily follow the contractual appointment mechanism and may depart from it only if that procedure has failed or become legally inoperative. The agreed appointment process therefore had to be respected. en-us Fri, 29 Mar 2019 00:00:00 +0530 Tue, 11 Jan 2022 08:34:38 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=300060 Arbitral proceedings commenced before 23 October 2015 remain governed by the pre-amendment Arbitration and Conciliation Act, 1996 because Section 26 of the 2015 Amendment excludes the amended regime once proceedings have started under Section 21, unless the parties agree otherwise. A no claim certificate and final payment do not automatically bar arbitration; the decisive question is whether the discharge was truly voluntary or was obtained under coercion, compulsion, or economic duress. Under Section 11(6), the court must ordinarily follow the contractual appointment mechanism and may depart from it only if that procedure has failed or become legally inoperative. The agreed appointment process therefore had to be respected. Case-Laws Indian Laws Fri, 29 Mar 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=300060