VidhiSangh

Supreme Court of India · 15/03/2018

BOARD OF CONTROL FOR CRICKET IN INDIA versus KOCHI CRICKET PVT. LTD. AND ETC.

[2018] 2 S.C.R. 829 · 2018 INSC 238

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Summary

The Supreme Court held that substituted section 36, removing automatic stay of an arbitral award merely on filing a section 34 challenge, applied even where that challenge was pending before 23 October 2015. Enforcement under section 36 concerns execution, and the debtor had no vested substantive right to resist it through automatic stay. The judgment distinguished this procedural conclusion from section 26’s generally prospective scheme for the 2015 amendments. The batch of appeals was dismissed, including the fact-specific challenge to Enercon’s enforcement relief.

Issues

  1. How section 26 distinguished arbitral proceedings from related court proceedings for commencement of the 2015 amendments.
  2. Whether substituted section 36 applied to section 34 applications already pending on 23 October 2015.
  3. Whether interference was warranted with the particular execution relief obtained by Enercon.

Provisions considered

Held

Result

Batch of appeals dismissed. Judgment to be sent to the Ministry of Law and Justice and Attorney General concerning the proposed legislative change discussed in paragraphs 56–57.

Judgment PDF: Supreme Court of India, [2018] 2 S.C.R. 829.