Dispute Resolution Hotline
September 19, 2019
Is the Indian Arbitration and Conciliation Act 1996 special or general law? (National Highways Authority v Sayedabad Tea Company)
SUMMARY:

Recently, the Supreme Court of India in National Highways Authority of India v Sayeda-bad Tea Company dealt with arbitral appointments under Section 11 of the Arbitration and Conciliation Act 1996 vis-a-vis Section 3G(5) of the National Highways Act 1956, which provides for appointment of an arbitrator by the central government in special situations. The Supreme Court held that the Highways Act, being a special law, has overriding effect on a general law such as the Arbitration and Conciliation Act and upheld the central government’s appointment of the arbitrator, dismissing the Section 11 application .

This ruling has once again brought to the fore the discussion on special enactments overriding the provisions of a general law and is contradictory to certain earlier judgments of the Supreme Court which have held the Arbitration Act itself to be a special law. Siddharth Ratho, Payel Chatterjee and Sahil Kanuga of the International Dispute Resolution and Investigations Practice at Nishith Desai Associates consider this decision and its implications.

For the complete article, please click here.

 

– Siddharth RathoPayel Chatterjee & Sahil Kanuga

You can direct your queries or comments to the authors

 


Disclaimer

The contents of this hotline should not be construed as legal opinion. View detailed disclaimer.

This Hotline provides general information existing at the time of preparation. The Hotline is intended as a news update and Nishith Desai Associates neither assumes nor accepts any responsibility for any loss arising to any person acting or refraining from acting as a result of any material contained in this Hotline. It is recommended that professional advice be taken based on the specific facts and circumstances. This Hotline does not substitute the need to refer to the original pronouncements.

This is not a Spam mail. You have received this mail because you have either requested for it or someone must have suggested your name. Since India has no anti-spamming law, we refer to the US directive, which states that a mail cannot be considered Spam if it contains the sender's contact information, which this mail does. In case this mail doesn't concern you, please unsubscribe from mailing list.


Dispute Resolution Hotline

September 19, 2019

Is the Indian Arbitration and Conciliation Act 1996 special or general law? (National Highways Authority v Sayedabad Tea Company)

SUMMARY:

Recently, the Supreme Court of India in National Highways Authority of India v Sayeda-bad Tea Company dealt with arbitral appointments under Section 11 of the Arbitration and Conciliation Act 1996 vis-a-vis Section 3G(5) of the National Highways Act 1956, which provides for appointment of an arbitrator by the central government in special situations. The Supreme Court held that the Highways Act, being a special law, has overriding effect on a general law such as the Arbitration and Conciliation Act and upheld the central government’s appointment of the arbitrator, dismissing the Section 11 application .

This ruling has once again brought to the fore the discussion on special enactments overriding the provisions of a general law and is contradictory to certain earlier judgments of the Supreme Court which have held the Arbitration Act itself to be a special law. Siddharth Ratho, Payel Chatterjee and Sahil Kanuga of the International Dispute Resolution and Investigations Practice at Nishith Desai Associates consider this decision and its implications.

For the complete article, please click here.

 

– Siddharth RathoPayel Chatterjee & Sahil Kanuga

You can direct your queries or comments to the authors

 


Disclaimer

The contents of this hotline should not be construed as legal opinion. View detailed disclaimer.

This Hotline provides general information existing at the time of preparation. The Hotline is intended as a news update and Nishith Desai Associates neither assumes nor accepts any responsibility for any loss arising to any person acting or refraining from acting as a result of any material contained in this Hotline. It is recommended that professional advice be taken based on the specific facts and circumstances. This Hotline does not substitute the need to refer to the original pronouncements.

This is not a Spam mail. You have received this mail because you have either requested for it or someone must have suggested your name. Since India has no anti-spamming law, we refer to the US directive, which states that a mail cannot be considered Spam if it contains the sender's contact information, which this mail does. In case this mail doesn't concern you, please unsubscribe from mailing list.