Arbitration and Conciliation Act Section 85 — Repeal and savings

CHAPTER II

Civil

Summary

Sub-section (1) repeals three older laws: the Arbitration (Protocol and Convention) Act, 1937, the Arbitration Act, 1940, and the Foreign Awards (Recognition and Enforcement) Act, 1961. This means those laws are no longer in force.

Sub-section (2) explains what happens despite that repeal. Under clause (a), the old laws still apply to arbitration proceedings that started before this Act came into force, unless the parties agree otherwise. But this Act applies to arbitration proceedings that started on or after the date this Act came into force.

Under clause (b), all rules made and notifications published under the old laws are treated as if they were made or issued under this Act, as long as they do not conflict with this Act.

Official Text

(1) The Arbitration (Protocol and Convention) Act, 1937 (6 of 1937), the Arbitration Act, 1940 (10 of 1940) and the Foreign Awards (Recognition and Enforcement) Act, 1961 (45 of 1961) are hereby repealed.

(2) Notwithstanding such repeal,—

(a) the provisions of the said enactments shall apply in relation to arbitral proceedings which commenced before this Act came into force unless otherwise agreed by the parties but this Act shall apply in relation to arbitral proceedings which commenced on or after this Act comes into force;

(b) all rules made and notifications published, under the said enactments shall, to the extent to which they are not repugnant to this Act, be deemed respectively to have been made or issued under this Act.