Retrospective Applicability of the 2015 Amendments to Indian Arbitration Law

This presentation provides a descriptive comment of the recent decision of the Supreme Court of India in BCCI v Kochi Cricket Ltd. (15.03.2018), which partially answers whether the 2015 amendments to the Arbitration and Conciliation Act, 1996 are prospective or even apply to pending proceedings.

We will do a detailed post critically evaluating the decision. Prima facie, the court has given an interesting judgement attempting to balance all interests. The idea was probably suggested by Dr. AM Singhvi in course of the hearing, as acknowledged by the court in Para 34 of the judgement. 

Now what next for the Government? The most reasonable course of action for the Government is to continue with its idea of enacting S 87 but also statutorily recognising the Supreme Court's judgement in BCCI v Kochi Cricket by applying the amended S. 36 to pending S 34 petitions and to such petitions filed after 22.10.2015. At the same time, the Government should not abandon S 87 as every time there is a question on whether a provision of the 2015 amendment applies to such pending proceedings, the question has to be argued in various courts and finally settled by the Supreme Court.