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TMI Blog2018 (5) TMI 1750X X X X Extracts X X X X X X X X Extracts X X X X ..... ole respondent herein under Section 34(5) of the Arbitration and Conciliation Act, 1996. 3. Relevant dates to be noticed are that on 06.12.2011 the appellants had issued Tender for execution of earth work for Railway embankment and construction of minor bridge etc. in connection with construction of the new Broad Gauge line from New Mainaguri (West Bengal) to Jogighopa (Assam). The sole respondent was awarded with the contract. Differences arose and on 09.04.2014, at the instance of this Hon'ble Court, Arbitrator was appointed and the said Arbitrator accepted the responsibility and entered into the Arbitration on 10.05.2014 for settlement of the disputes between the parties. The arbitration proceedings could not commence right away as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... provisions of law was not sufficient to condone or to subvert the process of law. 4. On appeal before this Court, Mrs. U. Chakraborty submits that Section 34(5) of the Act was brought into the parent Act by the Arbitration and Conciliation (Amendment) Act, 2015, which was made effective on and from 23.10.2015. Prior to this amendment, there was no requirement of issuing a prior notice to the other party before filing application under Section 34 of the Act. Reference to the amendment brought about is made to emphasize the point that since the arbitration proceedings had commenced prior to 23.10.2015, the conditions imposed in Section 34(5) cannot be made applicable. It is contended that Section 34(5) cannot be given retrospective effect a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gree but this Act shall apply in relation to arbitral proceedings commenced on or after the date of commencement of this Act." A perusal of the aforesaid provision under Section 26 of the Amendment Act, it is seen that arbitral proceedings which have commenced in accordance with the provisions of Section 21 of the principal Act would remain unaffected by the Amendment Act unless the parties otherwise agree. The terms and conditions of the Contract in question are governed under the General Conditions of Contract, 1998. Parties have agreed to settlement of disputes in terms of Clause 16.1 of the Conditions of Contract. The said Clause 16.1 provides that arbitration and settlement of disputes between the parties would be governed under Claus ..... X X X X Extracts X X X X X X X X Extracts X X X X
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