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Home Bare Acts Phrase: arbitration act Page 2 of about 64 results (0.002 seconds)Arbitration Act, 1940 [Repealed] Section 14
Title: Award to Be Signed and Filed
State: Central
Year: 1940
(1) When the arbitrators or umpire have made their award, they shall sign it, and shall give notice in writing to the parties of the making and signing thereof and of the amount of fees and charges payable in respect of the arbitration and award. (2) The arbitrators or umpire shall, at the request of any party to the arbitration agreement or any person claiming under such party or if so directed by the Court and upon payment of the fees and charges due in respect of the arbitration and award and of the costs and charges of filing the award, cause the award or a signed copy of it, together with any depositions and documents which may have been taken and proved before them, to be filed in Court, and the Court shall thereupon give notice to the parties of the filing of the award. (3) Where the arbitrators or umpire state a special case under Cl. (b) of Sec. 13, the Court, after giving notice to the parties and hearing them, shall pronounce its opinion thereon and such opinion shall be added to, and shall form part of, the award.
View Complete Act List Judgments citing this sectionArbitration Act, 1940 [Repealed] Section 16
Title: Power to Remit Award
State: Central
Year: 1940
(1) The Court may from time to time remit the award or any matter referred to arbitration to the arbitrators or umpire for reconsideration upon such terms as it thinks fit, - (a) where the award has left undetermined any of the matters referred to arbitration, or where it determines any matter not referred to arbitration and such matter cannot be separated without affecting the determination of the matters referred; or (b) where the award is so indefinite as to be incapable of execution; or (c) where an objection to the legality of the award is apparent upon the face of it. (2) Where an award is remitted under sub-section (1) the Court shall fix the time within which the arbitrator or umpire shall submit his decision to the Court: Provided that any time so fixed may be extended by subsequent order to the Court. (3) An award remitted under sub-section (1) shall become void on the failure of the arbitrator or umpire to reconsider it and submit his decision within the time fixed.
View Complete Act List Judgments citing this sectionArbitration Act, 1940 [Repealed] Section 24
Title: Reference to Arbitration by Some of the Parties
State: Central
Year: 1940
Where some only of the parties to a suit apply to have the matters in difference between them referred to arbitration in accordance with, and in the manner provided by Sec.21, the Court may, if it thinks fit, so refer such matters to arbitration (provided that the same can be separated from the rest of the subject-matter of the suit) in the manner provided in that section but the suit shall continue so far as it relates to the parties who have not joined in the said application and to matters not contained in the said reference as if no such application had been made, and an award made in pursuance of such a reference shall be binding only on the parties who have joined in the application.
View Complete Act List Judgments citing this sectionArbitration Act, 1940 [Repealed] Section 33
Title: Arbitration Agreement or Award to Be Contested by Application
State: Central
Year: 1940
Any party to an arbitration agreement or any person claiming under him desiring to challenge the existence or validity of an arbitration agreement or an award or to have the effect of either determined shall apply to the Court and the Court shall decide that question on affidavits: Provided that where the Court deems it just and expedient, it may set down the application for hearing on other evidence also, and it may pass such orders for discovery and particulars as it may do in a suit.
View Complete Act List Judgments citing this sectionArbitration Act, 1940 [Repealed] Chapter VII
Title: Miscellaneous
State: Central
Year: 1940
.....of an arbitration agreement; (d) the forms to be used for the purposes of this Act; (e) generally, all proceedings in Court under this Act; Section 45 - Government to be bound The provisions of this Act shall be binding on the Government. Section 46 - Application of act to statutory arbitrations The provisions of this Act, except sub-section (1) of Sec. 6 and Sections. 7, 12,1[36] and 37, shall apply to every arbitration under any other enactment for the time being in force, as if the arbitration were pursuant to an arbitration agreement and as if that other enactment were an arbitration agreement, except in so far as this Act is inconsistent with that other enactment or with any rules made thereunder. ______________________________ 1. Inserted By Act 25 of 1952, Sec. 3 and Schedule. II Section 47 - Act to apply to all arbitrations Subject to the provisions of Sec. 46, and save in so far as is otherwise provided by any law for the time being in force, the provisions of this Act shall apply to all arbitrations and to all proceedings thereunder: Provided that an arbitration award otherwise obtained may with the consent of all the parties interested.....
View Complete Act List Judgments citing this sectionArbitration Act, 1940 [Repealed] Chapter I
Title: Introductory
State: Central
Year: 1940
.....Reg. 6 of 1963. SECTION 2 and Schedule I; to Lakshadweep, vide Reg. 8 of 1965, SECTION 3 and Schedule; to Goa, Daman and Diu by Act 30 of 1965; to Pondicherry, vide Act 26 of 1968, SECTION 3 and Schedule. Section 2 - Definitions In this Act, unless there is anything repugnant in the subject or context, (a) "arbitration agreement" means a written agreement to submit present future differences to arbitration, whether an arbitrator is named therein or not ; (b) "award" means an arbitration award; (c) "Court" means a Civil Court having jurisdiction to decide the questions forming the subject-matter of the reference if the same had been the subject-matter of a suit, but does not, except for the purpose of arbitration proceedings under section 21, include a Small Cause Court; (d) "legal representative" means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased, and, where a party acts in a representative character, the person on whom the estate devolves on the death of the party so acting ; (e) "reference" means a reference to arbitration.
View Complete Act List Judgments citing this sectionArbitration Act, 1940 [Repealed] Preamble 1
Title: Arbitration Act, 1940
State: Central
Year: 1940
THE ARBITRATION ACT, 1940 [Act, No. 10 of 1940]1 [11th March, 1940] PREAMBLE An Act to consolidate and amend the law relating to arbitration. Whereas it is expedient to consolidate and amend the law relating to arbitration 2 [**] It is hereby enacted as follows: ___________________________ 1. For the Statement of Objects and Reasons, see Gazette of India, 1939, Pt. V, pg. 142; for the Report of the Select committee, 1940, Pt. V, p. 35; THIS ARBITRATION ACT, 1940 HAS NOW BEEN REPEALED BY THE ARBITRATION AND CONCILIATION ACT, 1996 26 OF 1996, SECTION 86 W.E.F. 25th JANUARY, 1996. 2. The words "in the Provinces" omitted by the A.O., 1950.
View Complete Act List Judgments citing this sectionArbitration Act, 1940 [Repealed] Section 2
Title: Definitions
State: Central
Year: 1940
In this Act, unless there is anything repugnant in the subject or context, (a) "arbitration agreement" means a written agreement to submit present future differences to arbitration, whether an arbitrator is named therein or not ; (b) "award" means an arbitration award; (c) "Court" means a Civil Court having jurisdiction to decide the questions forming the subject-matter of the reference if the same had been the subject-matter of a suit, but does not, except for the purpose of arbitration proceedings under section 21, include a Small Cause Court; (d) "legal representative" means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased, and, where a party acts in a representative character, the person on whom the estate devolves on the death of the party so acting ; (e) "reference" means a reference to arbitration.
View Complete Act List Judgments citing this sectionArbitration Act, 1940 [Repealed] Section 12
Title: Power of Court Where Arbitrator is Removed or His Authority Revoked
State: Central
Year: 1940
(1) Where the Court removes an umpire who has not entered on the reference or one or more arbitrators (not being all the arbitrators), the Court may, on the application of any party to the arbitration agreement, appoint persons to fill the vacancies. (2) Where the authority of an arbitrator or arbitrators or an umpire is revoked by leave of the Court, or where the Court removes an umpire who has entered on the reference or a sole arbitrator or all the arbitrators, the Court may, on the application of any party to the arbitration agreement, either- (a) appoint a person to act as sole arbitrator in the place of the person or persons displaces; or (b) order that the arbitration agreement shall cease to have effect with respect to the difference referred. (3) A person appointed under this section as an arbitrator or umpire shall have the like power to act in the reference and to make an award as if he had been appointed in accordance with the arbitration agreement.
View Complete Act List Judgments citing this sectionArbitration Act, 1940 [Repealed] Chapter III
Title: Arbitration with Intervention of Court Where Thereis No Suit Pending
State: Central
Year: 1940
.....been presented by all the parties, or, if otherwise, between the applicant as plaintiff and the other parties as defendants. (3) On such application being made, the Court shall direct notice thereof to be given to all parties to the agreement other than the applicants requiring them to show cause within the time specified in the notice why the agreement should not be filed. (4) Where no sufficient cause is shown, the Court shall order the agreement to be filed, and shall make an order of reference to the arbitrator appointed by the parties, whether in the agreement or otherwise, or, where the parties cannot agree upon an arbitrator, to an arbitrator appointed by the Court. (5) Thereafter the arbitration shall proceed in accordance with, and shall be governed by, the other provisions of this Act so far as they can be made applicable.
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