Question

In a case relating to arbitration the arbitral award was remitted under section $16$ of the Arbitration Act, $1940$. The date of award was $1$st June, $1992$. The Arbitration and Conciliation Act came into force on $22$ August, $1996$. The validity of award can be challenged under the __________________.

• A. Limitation Act, $1963$
• B. General Clauses Act, $1897$
• C. Arbitration Act, $1940$
• D. Arbitration and Conciliation Act, $1996$ only

Answer 1

The correct option is C Arbitration Act, $1940$

If we go through section $85$ of the Arbitration and Conciliation Act, $1996$, we will find that old act of $1940$ has been repealed and all the provisions of the $1996$ act shall be enforceable on and after the act is enforced and also the provisions of $1940$ act shall apply in relation to arbitral proceedings which commenced before the $1996$ Act came into force unless otherwise agreed by the parties.

Hence, any award passed before the $1996$ act came into force shall be dealt with provisions of $1940$ act.