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Section 86: Repeal and savings

Arbitration and Conciliation Act, 1996 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1996
Section 85 All 87 Sections Schedules (4th, 5th, 7th) Section 87

Legal Commentary & Landmark Judgments: Section 86

Section 86 of the Arbitration and Conciliation Act, 1996 was a formal repeal section that repealed the Arbitration and Conciliation Ordinance, 1996, saving all actions taken thereunder.

  • Repeal of 1996 Ordinance: Repealed the Arbitration and Conciliation (Third) Ordinance, 1996 (Ord. 27 of 1996).
  • Comprehensive Savings: Anything done or any action taken under the Ordinance was deemed to have been done or taken under the corresponding provisions of the Act.
  • Unbroken Legal Continuity: Ensured that appointments and proceedings instituted during the Ordinance period between January and August 1996 remained valid.
  • Spent Nature: A spent transitional provision confirming seamless statutory replacement.
Key Landmark Precedents:
  • Thyssen Stahlunion GMBH v. Steel Authority of India Ltd., (1999) 9 SCC 334: Discussed the legislative continuity from the 1996 ordinances to the enactment of the 1996 Act.
  • Sundaram Finance Ltd. v. NEPC India Ltd., (1999) 2 SCC 479: Affirmed the validity of actions taken under the initial Ordinance.
Courtroom Practice & Strategic Litigation Guidance:

Section 86 confirms that the 1996 Act has operated continuously and unbrokenly since the initial Ordinance in January 1996.

Section 85 All 87 Sections Schedules (4th, 5th, 7th) Section 87