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Issues Involved: Determination of whether the arbitration proceedings are governed by the Arbitration Act, 1940 or the Arbitration and Conciliation Act, 1996.
Summary: 1. The Supreme Court examined four arbitration proceedings from the High Court of Bombay to determine the applicability of the Arbitration Act, 1940 or the Arbitration and Conciliation Act, 1996. 2. The Court analyzed the timeline of events leading to the arbitration suits and the rejection of claims by the respondent-authorities. It was established that the arbitration suits were filed prior to the commencement of the new Act in January 1996, thus falling under the purview of the old Act of 1940. 3. Subsequently, the Court addressed a request from the respondents regarding the qualification of the arbitrator for the four proceedings governed by the old Act. The respondents were given time to reconsider the appointment of a retired Chief Justice or Judge as the arbitrator, with the matter adjourned to a later date for further response.
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