Supreme Court strikes down insertion of Section 87 to Arbitration Act by 2019 Amendment as Manifestly Arbitrary

Bar & Bench November 28 2019

Tariq Khan

The Bench of Justices RF Nariman, Surya Kant and V Ramasubramanian struck down the deletion of Section 26 of the 2015 Amendment Act, together with the insertion of Section 87 into the Arbitration Act, 1996 by the 2019 Amendment Act in a judgment delivered today in the case of Hindustan Construction Company Limited v Union of India.

The Court held that BCCI v. Kochi Cricket Pvt. Ltd. judgment will, therefore, continue to apply . . .

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