Bare Act Search Results

Arbitration and Conciliation Act, 1996 Part II

Title: Enforcement of Certain Foreign Awards

State: Central

Year: 1996

.....in India of any award or of availing himself in India of any award or of availing himself in India of any award if this Chapter had not been enacted. Section 52 - Chapter II not to apply Chapter II of this Part shall not apply in relation to foreign awards to which this Chapter applies. ARBITRATION AND CONCILIATION ACT, 1996Chapter - GENEVA CONVENTION AWARDS Section 53 - Interpretation In this Chapter "foreign award" means an arbitral award on differences relating to matters considered as commercial under the law in force in India made after the 28th day of July, 1924, (a) in pursuance of an agreement for arbitration to which the Protocol set forth in the Second Schedule applies, and (b) between persons of whom one is subject to the jurisdiction of some one of such Powers as the Central Government, being satisfied that reciprocal provisions have been made, may, by notification in the Official Gazette, declare to be parties to the Convention set forth in the Third Schedule, and of whom the other is subject to the jurisdiction of some other of the Powers aforesaid, and (c) in one of such territories as the Central Government, being satisfied that reciprocal.....

Foreign Awards (Recognition and Enforcement) Act, 1961 Complete Act

State: Central

Year: 1961

.....and the Geneva Convention of 1927 to which India was a party and which were given effect to in India by the Arbitration (Protocol and Convention) Act, 1937. This Act was, therefore enacted to adopt the then prevailing practices of arbitration in India to the regulations of the Geneva Protocol on Arbitration Clauses of 1923 and Geneva Convention on the Execution of Foreign Arbitral Awards of 1927. 2. It was, however, felt that the Geneva Convention hampered the speedy settlement of disputes through arbitration and hence no longer met the requirements of the international trade due to the following principal defects :--- (a) it placed an undue emphasis on the law of the land, the selection of arbitrators, the procedure to be followed by these tribunals, etc., and (b) it laid too much emphasis on the remedies that were open to parties to invoke the law of the country for the purposes of setting aside the awards. Therefore, in order to remedy, inter alia, the above-mentioned defects, a draft Convention was prepared by the International Chambers of Commerce, which was considered by the United Nations Economic and Social Council in consultation with the Governments of various.....

Arbitration and Conciliation Act, 1996 Chapter 6

Title: Making of Arbitral Award and Termination of Proceedings

State: Central

Year: 1996

.....tribunal shall decide in accordance with the terms of the contract and shall take into account the usages of the trade applicable to the transaction. Section 29 - Decision making by panel of arbitrators (1) Unless otherwise agreed by the parties, in arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal shall be made by a majority of all its members. (2) Notwithstanding sub -section (1), if authorised by the parties or all the members of the arbitral tribunal, questions of procedure may be decided by the presiding arbitrator. Section 30 - Settlement (1) It is not incompatible with an arbitration agreement for an arbitral tribunal to encourage settlement of the dispute and, with the agreement of the parties, the arbitral tribunal may use mediation, conciliation or other procedures at any time during the arbitral proceedings to encourage settlement. (2) If, during arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the proceedings and, if requested by the parties and not objected to by the arbitral tribunal, record the settlement in the form of an arbitral award on agreed terms. (3).....

Arbitration and Conciliation Act, 1996 Chapter I

Title: New York Convention Awards

State: Central

Year: 1996

.....parties toarbitration under section 45; (b) enforce a foreign award undersection 48, to the court authorised by law to hear appeals from such order. (2) No second appeal shall liefrom an order passed in appeal under this section, but nothing in this sectionshall affect or take away any right to appeal to the Supreme Court. Section 51 - Saving Nothing in this Chapter shall prejudice any rights which any person would have had of enforcing in India of any award or of availing himself in India of any award or of availing himself in India of any award if this Chapter had not been enacted. Section 52 - Chapter II not to apply Chapter II of this Part shall not apply in relation to foreign awards to which this Chapter applies.

Arbitration and Conciliation Act, 1996 Chapter

Title: Geneva Convention Awards

State: Central

Year: 1996

.....that the award has become final; and (c) such evidence as may be necessary to prove that the conditions mentioned in clauses (a) and (c) of sub-section (1) of section 57 are satisfied. (2) Where any document requiring to be produced under sub-section (1) is in a foreign language, the party seeking to enforce the award shall produce a translation into English certified as correct by a diplomatic or consular agent of the country to which that party belongs or certified as correct in such other manner as may be sufficient according to the law in force in India. Explanation.---In this section and all the following sections of this Chapter, "Court" means the principal Civil Court of original jurisdiction in a district, and includes the High Court in exercise of its ordinary original civil jurisdiction, having jurisdiction over the subject-matter of the award if the same had been the subject matter of a suit, but does not include any civil court of a grade inferior to such principal Civil Court, or any Court of Small Causes. Section 57 - Conditions for enforcement of foreign awards (1) In order that a foreign award may be enforceable under this Chapter, it shall be.....

Industrial Disputes Act, 1947 Section 17A

Title: Commencement of the Award

State: Central

Year: 1947

.....by the Central Government. (3) Where any award as rejected or modified by an order made under sub-section (2) is laid before the Legislature of a State or before Parliament, such award shall become enforceable on the expiry of fifteen days from the date on which it is so laid; and where no order under sub-section (2) is made in pursuance of a declaration under the proviso to sub-section (1), the award shall become enforceable on the expiry of the period of ninety days referred to in sub-section (2). (4) Subject to the provisions of sub-section (1) and sub-section (3) regarding the enforceability of an award, the award shall come into operation with effect from such date as may be specified therein, but where no date is so specified, it shall come into operation on the date when the award becomes enforceable under sub-section (1) or sub-section (3), as the case may be. ] ______________________ 1.Section 17A Inserted by Act 48 of 1950, Section 34 and Schedule and Substituted by Act 36 of 1956, Section 12 (w.e.f. 10-3-1957).

Arbitration and Conciliation Act, 1996 Section 57

Title: Conditions for Enforcement of Foreign Awards

State: Central

Year: 1996

.....contains decisions on matters beyond the scope for the submission or arbitration; Provided that if the award has not covered all the differences submitted to the arbitral tribunal, the Court may, if it thinks fit, postpone such enforcement or grant it subject to such guarantee as the Court may decide. (3) If the party against whom the award has been made proves that under the law governing the arbitration procedure there is a ground, other than the grounds referred to in clauses (a) and (c) of sub-section (1) and clauses (b) and (c) of sub-section (2) entitling him to contest the validity of the award, the Court may, if it thinks fit, either refuse enforcement of the award or adjourn the consideration thereof, giving such party a reasonable time within which to have the award annulled by the competent tribunal.

Arbitration and Conciliation Act, 1996 Section 31

Title: Form and Contents of Arbitral Award

State: Central

Year: 1996

.....it is based, unless------ (a) the parties have agreed that no reasons are to be given,or (b) the award is an arbitral award on agreed terms undersection 30. (4) The arbitral award shall state its date and the placeof arbitration as determined in accordance with section 20 and the award shallbe deemed to have been made at that place. (5) After the arbitral award is made, a signed copy shallbe delivered to each party. (6) The arbitral tribunal may, at any time during thearbitral proceedings, make an interim arbitral award on any matter with respectto which it may make a final arbitral award. (7) (a) Unless otherwise agreed by the parties, where andin so far as an arbitral award is for the payment of money, the arbitraltribunal may include in the sum for which the award is made interest, at suchrate as it deems reasonable, on the whole or any part of the money, for thewhole or any part of the period between the date on which the cause of actionarose and the date on which the award is made. (b) A sum directed to be paid by an arbitral award shall,unless the award otherwise directs, carry interest at the rate of eighteen percentum per annum from the date of the award to.....

Industrial Disputes Act, 1947 Section 19

Title: Period of Operation of Settlements and Awards

State: Central

Year: 1947

.....14 (w.e.f. 7-10-1956). 3.Substituted by Act 48 of 1950, section 34 and Schedule, for sub-section (3). 4.Inserted by Act 36 of 1956, Section 14 (w.e.f. 7-10-1956). 5.Substituted by Act 36 of 1956, section 14, for "to a Tribunal" (w.e.f. 10-3-1957). 6.Substituted by Act 36 of 1956, section 14, for "the Tribunal" (w.e.f. 10-3-1957). 7.The words "subject to the provision for appeal" omitted by Act 36 of 1956, section 14 (w.e.f. 10-3-1957). 8. Inserted by Act 36 of 1964, section 10 (w.e.f. 19-12-1964). The former sub-section (7) was omitted by Act 36 of 1956, section 14 (w.e.f. 17-9-1956). 9.Vide Maharashtra Act 1 of 1972, section 20 and Schedule I, item 5 (w.e.f. 8-9-1975).

Arbitration and Conciliation Act, 1996 Section 48

Title: Conditions for Enforcement of Foreign Awards

State: Central

Year: 1996

.....capable of settlement by arbitration under the law of India; or (b) the enforcement of the award would be contrary to the public policy of India. Explanation.--Without prejudice to the generality of clause (b), it is hereby declared, for the avoidance of any doubt, that an award is in conflict with the public policy of India if the making of the award was induced or affected by fraud or corruption. (3) If an application for the setting aside or suspension of the award has been made to a competent authority referred to in clause (e) of sub-section (1) the Court may, if it considers it proper, adjourn the decision on the enforcement of the award and may also , on the application of the party claiming enforcement of the award, order the other party to give suitable security.