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Section 87 of Arbitration and Conciliation Act 1996: Effect of arbitral & related court proceedings

Section 87 (Effect of arbitral and related court proceedings commenced prior to 23rd October, 2015) under Part IV (Supplementary Provisions) of the Arbitration and Conciliation Act, 1996 :—

“Unless the parties otherwise agree, the amendments made to this Act by the Arbitration and Conciliation (Amendment) Act, 2015 shall—

 (a) not apply to––
   (i) arbitral proceedings commenced before the commencement of the Arbitration and Conciliation (Amendment) Act, 2015;
   (ii) court proceedings arising out of or in relation to such arbitral proceedings irrespective of whether such court proceedings are commenced prior to or after the commencement of the Arbitration and Conciliation (Amendment) Act, 2015;

 (b) apply only to arbitral proceedings commenced on or after the commencement of the Arbitration and Conciliation (Amendment) Act, 2015 and to court proceedings arising out of or in relation to such arbitral proceedings.”



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Extra Notes for Readers

(1) Section 87 of the Arbitration and Conciliation Act, 1996 was inserted by section 13 of the Arbitration and Conciliation (Amendment) Act, 2019, which received the assent of the President on 9th August, 2019 and was published on the same day in the Official Gazette.

(2) According to section 13 of the Arbitration and Conciliation (Amendment) Act, 2019, section 87 shall be deemed to have been inserted with effect from the 23rd October, 2015.

(3) Section 13 of the Arbitration and Conciliation (Amendment) Act, 2019 was notified by Ministry of Law and Justice (Department of Legal Affairs) Notification dated the 30th August, 2019.



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This page was created / last updated on 30th August, 2019.

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