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Section 87 Of The Arbitration & Conciliation Act: "Manifestly Arbitrary"

Johana George, Government Law College, Thrissur


The three judge bench of R F Nariman, Aniruddha Bose, and Ramasubramanian held on 27th November 2019 that Section 87 of the Arbitration and Conciliation Act, 1996 must be struck down, it being manifestly arbitrary under Article 14 of the Indian Constitution. This article intends to have a journey through the background of origin, origin and end of Section 87 through different case laws of timeline 2015 to 2019.


Position prior to 2015 Amendment

Before the amendment of Arbitration and Conciliation Act, 1996 (hereinafter called “Act”) in 2015, Section 36 had stated that the arbitral award could be enforced as if it were a decree of the Court (as per the Civil Procedure Code, 1908) only if:

  1. Limitation period for making an application to set aside the arbitral award under Section 34 (i.e., 3 months from receiving the arbitral award or 3 months from disposing of the Section 33 application for correction/interpretation of arbitral award) is elapsed; or

  2. Application under Section 34 has been made and refused/dismissed


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878


Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.


The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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