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H. S. Thukral (Lawyer)     16 September 2016

Interim measures amended arbitration conciliation act 2015

The amending Arbitration and Conciliation Act of 2015, amends section 17 of the original act of 1996 to provide as:

“17. (1) A party may, during the arbitral proceedings or at any time after the making of the arbitral award but before it is enforced in accordance with section 36,apply to the arbitral tribunal—



 Under section, 36 which reads as:

36. Enforcement.—Where the time for making an application to set aside the arbitral award under section 34 has expired, or such application having been made, it has been refused, the award shall be enforced under the Code of Civil Procedure, 1908 (5 of 1908) in the same manner as if it were a decree of the Court.

the award can be enforced at any time, within Limitation Act, as a decree of court, after the time for setting aside the award by an application under section 34(3) which is 90+30 days has elapsed. 

Therefore an application to arbitral tribunal can be made under the amended provision of section 17 of the act after 90 days and thereafter anytime before enforcement under section 36,

Section 32 of the act however provides as:

32.Termination of proceedings.- (1) The arbitral proceedings shall be terminated by the final arbitral award or by an order of the arbitral tribunal under sub-section (2).

The Arbitral Tribunal therefore becomes functus officio after delivering the final award i.e. if there is no application filed under section 33 or if the proceedings are remanded back under section34(4) of the Act.

Therefore how arbitral tribunal gets jurisdiction to hear an application for interim relief after the termination of its mandate under section 32 of the Act, under the amending act of 2015, during the period award is made and enforced.

Would some lawyer friends enlighten me on this aspect to remove my confusion. ?



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