Supreme Court of India · 2003-09-03
STATE OF W.B. vs AMRITLAL CHATTERJEE
- Citation / case number
- SC 1996/19423
- Court
- Supreme Court of India
- Petitioner
- STATE OF W.B.
- Respondent
- AMRITLAL CHATTERJEE
- Bench
- V.N. KHARE CJ & S.B. SINHA
Judgment text excerpt
The Supreme Court held that the Arbitration and Conciliation Act, 1996 applies to arbitral proceedings that commence after its enactment, while the Arbitration Act, 1940 continues to govern proceedings that began prior to that date. The Court clarified that the commencement of arbitration proceedings is determined by when the request for arbitration is received by the respondent, as established in Shetty’s Construction Co. Pvt. Ltd v. Konkan Railway Construction. The appeal against the High Court's order replacing the arbitrator was dismissed, affirming the jurisdiction of the learned Single Judge under the old Act.