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1999 (10) TMI 636 - SC - Indian LawsWhether the award would be governed by the new Act for its enforcement or whether provisions of the old Act would apply? Held that:- There is no corresponding provision anywhere in the new Act with reference to foreign arbitral proceedings to hold as to what is to be treated as ‘date of commencement’ in those foreign proceedings. We would, therefore, hold that on proper construction of section 85(2)(a) the provision of this sub-section must be confined to the old Act only. Once having held so it could be said that section 6 of the General Clauses Act would come into play and foreign award would be enforced under the Foreign Awards Act. But then it is quite apparent that a different intention does appear that there is no right that could be said to have been acquired by a party when arbitral proceedings are held in a place resulting in a foreign award to have that award enforced under the Foreign Awards Act. We, therefore, hold that the arbitral proceedings commenced before the Arbitration and Conciliation Act, 1996 came into force on 25-1-1996, would be enforced under the provisions of Arbitration Act, 1940
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