The scheme of the 2002 Act which replaces the 1984 Act is a little different. Section 84 of the 2002 Act corresponds to Section 74 and 76 of the 1984 Act. With this difference-that disputes that have been referred to arbitration are now to be settled or decided by the Arbitrator to be appointed by the Central Registrar, and the provisions, therefore, of the 1996 Arbitration and Conciliation Act shall apply to such arbitration as if the proceedings for arbitration were referred for settlement or decision under the provisions of the said Act.
13. Thus it can be seen that Section 84(4) and (5) of the new Act provide for a different scheme. Equally, Section 94 which provides for execution of certain decisions and orders made under the 2002 Act, mentions various Sections, but Section 84 is conspicuous by its absence. This is obviously for the reason that the entire proceedings have now to be conducted under the 1996 Act, including execution of the arbitration Award made under the said Act.
REPORTABLE
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 8756 of 2016
Decided On: 06.09.2016
Ludovico Sagrado Goveia Vs. Cirila Rosa Maria Pinto and Ors.
Hon'ble Judges/Coram:
Dipak Misra and Rohinton Fali Nariman, JJ.
Citation: 2016 SCCONLINESC906:(2016) 9 SCC 615,MANU/SC/0978/2016
