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CS Professional · Arbitration, Mediation and Conciliation · Conciliation Proceedings and International Perspective of Conciliation

Arbitral proceedings between Shreeji Pharma and Dev Logistics commenced in June 2014. In 2017, Dev Logistics filed a court application relating to those arbitral proceedings. There is no agreement between the parties on the applicable law. Under Section 87, how are the amendments of 2015 treated for this court proceeding?

The amendments do not apply. Section 87 excludes them from court proceedings arising out of or relating to arbitral proceedings that commenced before 23 October 2015, irrespective of whether the court proceedings began before or after that date. The 2017 filing date is therefore irrelevant.

  1. AThey apply, since the court proceeding was filed after 23 October 2015
  2. BThey do not apply, since the court proceeding arises out of arbitral proceedings commenced before that date, even though filed laterCorrect
  3. CThey apply only if the court first holds the arbitration invalid
  4. DThey apply to the extent that the court thinks fit

Explanation

Section 87(a)(ii) excludes the amendments from court proceedings arising out of or in relation to such earlier arbitral proceedings, whether the court proceedings were commenced before or after 23 October 2015. Filing in 2017 therefore does not attract the amendments.

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