Board of Control for Cricket in India v Kochi Cricket Pvt. Ltd.

• Kochi Cricket obtained an arbitral award against BCCI
• BCCI filed a S.34 application to set aside the award before 23.10.2015
• Under pre-2015 law, filing S.34 automatically stayed enforcement of the award
• Post-2015 Amendment: filing S.34 no longer creates automatic stay
• Question: does the 2015 change apply to S.34 applications already pending?

1. Whether the 2015 Amendment to S.36 (removing automatic stay of award upon filing S.34) applies retrospectively to S.34 applications filed before 23.10.2015.

• The 2015 Amendment to S.36 is procedural/remedial in nature and applies retrospectively.
• All S.34 applications pending as on 23.10.2015 are governed by the new S.36 (no automatic stay).
• Award-holders can enforce awards even while S.34 applications are pending.
• Later overruled: S.87 of the 2019 Amendment clarified that 2015 amendments apply only prospectively (to arbitrations commenced after 23.10.2015).

Procedural amendments apply retrospectively to pending proceedings. Removal of automatic stay is procedural, not substantive. However, this position was legislatively reversed by S.87 (2019 Amendment) which mandated prospective-only application.