This case involves a challenge to the constitutional validity of Section 87 of the Arbitration and Conciliation Act, 1996, as inserted by Section 13 of the Arbitration and Conciliation (Amendment) Act, 2019. The petitioners, including Hindustan Construction Company Limited, argue that Section 87, along with the repeal of Section 26 of the Arbitration and Conciliation (Amendment) Act, 2015, undermines the objectives of the Arbitration Act and the Insolvency and Bankruptcy Code, 2016. The petitioners contend that Section 87 reinstates an automatic stay on arbitral awards upon the filing of a challenge under Section 34, which delays the recovery of legitimate dues and leads to financial hardship. They also challenge the provisions of the Insolvency Code, arguing that they
…Hindustan Construction Company Limited and other petitioners filed writ petitions challenging the constitutional validity of Section 87 of the Arbitration and Conciliation Act, 1996, as inserted by the 2019 Amendment Act, and the deletion of Section 26 of the 2015 Amendment Act. The petitioners argued that Section 87 reinstates an automatic stay on arbitral awards upon the filing of a challenge under Section 34, which delays the recovery of legitimate dues and leads to financial hardship. They also challenged the provisions of the Insolvency Code, arguing that they operate arbitrarily and result in discriminatory treatment. The petitioners contended that government bodies, other than government companies, are exempt from the Insolvency Code, and that a challenge to an
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Writ Petition No.1074 of 2019 filed alleging a…
Court recorded that the Petitioner company will…
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This case involves a challenge to the constitutional validity of Section 87 of the Arbitration and Conciliation Act, 1996, as inserted by Section 13 of the Arbitration and Conciliation (Amendment) Act, 2019. The petitioners, including Hindustan Construction Company Limited, argue that Section 87, along with the repeal of Section 26 of the Arbitration and Conciliation (Amendment) Act, 2015, undermines the objectives of the Arbitration Act and the Insolvency and Bankruptcy Code, 2016. The petitioners contend that Section 87 reinstates an automatic stay on arbitral awards upon the filing of a challenge under Section 34, which delays the recovery of legitimate dues and leads to financial hardship. They also challenge the provisions of the Insolvency Code, arguing that they
…Hindustan Construction Company Limited and other petitioners filed writ petitions challenging the constitutional validity of Section 87 of the Arbitration and Conciliation Act, 1996, as inserted by the 2019 Amendment Act, and the deletion of Section 26 of the 2015 Amendment Act. The petitioners argued that Section 87 reinstates an automatic stay on arbitral awards upon the filing of a challenge under Section 34, which delays the recovery of legitimate dues and leads to financial hardship. They also challenged the provisions of the Insolvency Code, arguing that they operate arbitrarily and result in discriminatory treatment. The petitioners contended that government bodies, other than government companies, are exempt from the Insolvency Code, and that a challenge to an
…Writ Petition No.1074 of 2019 filed alleging a…
Court recorded that the Petitioner company will…
Sign in to view related legal provisions.