Enforcement of various provisions of the Arbitration and Conciliation Act 2019

The Arbitration and Conciliation (Amendment) Act, 2019 was notified on 9th August, 2019. Sub-Section 2 of Section 1 of the Arbitration and Conciliation (Amendment) Act, 2019 provides as under:-

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“(2) Save as otherwise provided in this Act, it shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.”

The Central Government by exercising powers conferred under sub-section 1 of the Arbitration and Conciliation (Amendment) Act, 2019, appoints the 30th August, 2019, for enforcement of the following Sections of the Arbitration and Conciliation (Amendment) Act, 2019:-

(i) Section 1;

(ii) Section 4 to 9 [both inclusive];

(iii) Section 11 to Section 13 [both inclusive];

(iv) Section 15.

Necessary Gazette Notification in this regard has been issued by the Central Government. In pursuance of the above notification, the section 17, 23,29A, 34, 37, 45 and 50 of the Arbitration and Conciliation Act, 1996 (the Act) stand amended. Also three new sections namely 42A, 42B, and 87 stand inserted in the Act. The insertion of section 87 is with retrospective effect i.e. 23rd October, 2015, with a view to clarify the applicability of the said cut-off date on arbitration and related court proceedings.