West Bengal Power Development ... vs Dongfang Electric Corporation on 17 July, 2017
I do note that this court's view in Saraf Agencies Pvt. Ltd and Ors. v.
Federal Agencies for State Property Management and Ors. has been
endorsed in the later case of Braithwaite Burn & Jessop Construction
Co. Ltd. v. Indo Wagon Engineering Ltd. by Mr. Justice Soumen Sen.
Hence, the law prevailing at the time of commencement of the arbitration
will apply till the disposal of the setting aside application at the highest
level. The amending Act of 2015 did not alter any vested substantive right.
Therefore, the right of the petitioner in arbitration which commenced
before the coming into force of the amending Act, to challenge the award
without any condition is preserved by the amendment Act.
All the contentions of Mr. Mookherjee fail.