STATE OF WEST BENGAL versus AMRITLAL CHATTERJEE

STATE OF WEST BENGAL versus AMRITLAL CHATTERJEE

Arbitral proceedings commenced before the 1996 Act came into force are governed by the 1940 Act, and the High Court's order appointing a new arbitrator under the old Act was valid as the proceedings had already commenced. The new Act did not retrospectively affect earlier initiated proceedings.

Parties
Appellant: STATE OF WEST BENGAL; Respondent: AMRITLAL CHATTERJEE
Jurisdiction
India
Judgment Date
03 September 2003
Procedural Posture
Civil Appeal / Appeal From Calcutta High Court Order Dated 22.8.96
Outcome
appeals dismissed
Legal Topics
Removal of Arbitrator, Appointment of New Arbitrator, Retroactivity of Arbitration Law, Commencement of Arbitral Proceedings, Interpretation of Ss. 21 and 85(2)(a) of Arbitration and Conciliation Act, 1996
Arbitration Removal of Arbitrator Appointment of New Arbitrator Retroactivity of Arbitration Law Commencement of Arbitral Proceedings Interpretation of Ss. 21 and 85(2)(a) of Arbitration and Conciliation Act, 1996

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Parties

STATE OF WEST BENGAL

Appellant

AMRITLAL CHATTERJEE

Respondent

Procedural Posture

Civil Appeal / Appeal From Calcutta High Court Order Dated 22.8.96

Legal Issues

  1. 1 Whether the High Court had jurisdiction to remove the arbitrator and appoint a new arbitrator after the 1996 Act came into force
  2. 2 When do arbitration proceedings commence for the purpose of applying the respective Arbitration Acts

Ratio Decidendi

Arbitral proceedings commenced before the 1996 Act came into force are governed by the 1940 Act, and the High Court's order appointing a new arbitrator under the old Act was valid as the proceedings had already commenced. The new Act did not retrospectively affect earlier initiated proceedings.

Court Disposition

appeals dismissed

Orders

  • interim order stands vacated
  • arbitrator directed to give award within four months from date of service of this order