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Start Free TrialArbitration (Protocol and Convention) Act, 1937 [Repealed] Repealing Act 1
Title: Arbitration and Conciliation Act, 1996
State: Central
Year: 1937
.....who inlaw represents the estate of a deceased person, and includes any person whointermeddles with the estate of the deceased, and, where a party acts in arepresentative character, the person on whom the estate devolves on the deathof the party so acting; (h) "party" means a party to an arbitrationagreement. (2) This Part shall apply where the place of arbitrationis in India. (3) This Part shall not affect any other law for the timebeing in force by virtue of which certain disputes may not be submitted toarbitration. (4) This Part except sub-section (1) of section 40,sections 41 and 43 shall apply to every arbitration under any other enactmentfor the time being in force, as if the arbitration were pursuant to anarbitration agreement and as if that other enactment were an arbitrationagreement, except in so far as the provision of this Part are inconsistent withthat other enactment or with any rules madethereunder; (5) Subject to the provisions of sub-section (4), and savein so far as is otherwise provided by any law for the time being in force or inany agreement in force between India and any other country or countries, thisPart shall apply to all arbitrations and to.....
View Complete Act List Judgments citing this sectionArbitration Act, 1940 [Repealed] Repealing Act 1
Title: Arbitration and Conciliation Act, 1996
State: Central
Year: 1940
.....who inlaw represents the estate of a deceased person, and includes any person whointermeddles with the estate of the deceased, and, where a party acts in arepresentative character, the person on whom the estate devolves on the deathof the party so acting; (h) "party" means a party to an arbitrationagreement. (2) This Part shall apply where the place of arbitrationis in India. (3) This Part shall not affect any other law for the timebeing in force by virtue of which certain disputes may not be submitted toarbitration. (4) This Part except sub-section (1) of section 40,sections 41 and 43 shall apply to every arbitration under any other enactmentfor the time being in force, as if the arbitration were pursuant to anarbitration agreement and as if that other enactment were an arbitrationagreement, except in so far as the provision of this Part are inconsistent withthat other enactment or with any rules madethereunder; (5) Subject to the provisions of sub-section (4), and savein so far as is otherwise provided by any law for the time being in force or inany agreement in force between India and any other country or countries, thisPart shall apply to all arbitrations and to.....
View Complete Act List Judgments citing this sectionArbitration and Conciliation Act, 1996 Part 1
Title: Arbitration
State: Central
Year: 1996
.....and as if that other enactment were an arbitration agreement, except in so far as the provision of this Part are inconsistent with that other enactment or with any rules made thereunder; (5) Subject to the provisions of sub-section (4), and save in so far as is otherwise provided by any law for the time being in force or in any agreement in force between India and any other country or countries, this Part shall apply to all arbitrations and to all proceedings relating thereto. (6) Where this Part, except section 28, leaves the parties free to determine a certain issue, that freedom shall include the right of the parties to authorise any person including an institution, to determine that issue. (7) An arbitral award made under this Part shall be considered domestic award. (8) Where this Part. (a) refers to the fact that the parties have agreed or that they may agree, or (b) in any other way refers to an agreement of the parties, that agreement shall include any arbitration rules referred to in that agreement. (9) Where this Part, other than clause (a) of section 25 or clause (a) of sub-section (2) of section 32, refers to a claim, it shall also apply to a.....
View Complete Act List Judgments citing this sectionArbitration and Conciliation Act, 1996 Complete Act
State: Central
Year: 1996
ARBITRATION AND CONCILIATION ACT, 1996 ARBITRATION AND CONCILIATION ACT, 1996 [Act No. 26 of Year 1996, dated 16th. August, 1996] An Act to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral award as also to define the law relating to conciliation and for matters connected therewith or incidental thereto. PREAMBLE WHEREAS the United Nations Commission on International Trade law (UNCITRAL) has adopted the UNCITRAL Model Law on International Commercial Arbitration in 1985; AND WHEREAS the General Assembly of the United Nations has recommended that all countries give due consideration to the said Model Law, in view of the desirability of uniformity of the law of arbitral procedures and the specific needs of international commercial arbitration practice; AND WHEREAS the UNCITRAL has adopted the UNCITRAL Conciliation Rules in 1980; AND WHEREAS the General Assembly of the United Nations has recommended the use of the said Rules in cases where a dispute arises in the context of international commercial relations and the parties seek on amicable settlement of that dispute by recourse to.....
List Judgments citing this sectionGeneva Conventions Act, 1960 Complete Act
State: Central
Year: 1960
.....(d) procedural matters relating to legal representation, appeals, etc. 3. The existing law on the subject is to be found in the Geneva Convention Act, 1911 (an Act of the United Kingdom) as applied to India by the Gevena Convention Act, 1911 (British India) Order-in-Council dated the 24th October, 1916, and the Geneva Convention Implementing Act, 1936 (14 of 1936). The provisions of these Acts, however, are confined to extending protection to the two emblems, namely, the Red Cross and the Geneva Cross. 4. The Bill seeks to implement the Conventions in so far as it is necessary so to do and, at the same time, consolidates the law on the subject by repealing the United Kingdom Act of 1911andthe Central Act 14 of 1936and incorporating their provisions in the Bill." - Gaz. of Ind., 1959, Extra. Pt. II, S. 2, p. 1098. An Act to enable effect to be given to certain International Conventions done at Geneva on the twelfth day of August, 1949, to which India is a party, and for purposes connected therewith. Be it enacted by Parliament in the Eleventh Year of the Republic of India as follows :- -Geneva Conventions of 12th August, 1949, were ratified by the President on the 16th October,.....
List Judgments citing this sectionGeneva Convention Act 1960 Schedule IV
Title: Fourth Schedule
State: Central
Year: 1960
.....to in this Article. In no case shall requisition of labour lead to a mobilization of workers in an organization of a military or semi-military character. Article 52 No contract, agreement or regulation shall impair the right of any worker, whether voluntary or not and wherever he may be, to apply to the representatives of the Protecting Power in order to request the said Power's intervention. (Protection of workers) All measures aiming at creating unemployment or at restricting the opportunities offered to workers in an occupied territory, in order to induce them to work for the Occupying Power, are prohibited. Article 53 Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons, or to the State, or to other public authorities, or to social or co-operative organizations, is prohibited, except where such destruction is rendered absolutely necessary by military operations. (Prohibited destruction) Article 54 The Occupying Power may not alter the status of public officials or judges in the occupied territories, or in any way apply sanctions to or take any measures of coercion or discrimination.....
View Complete Act List Judgments citing this sectionArbitration and Conciliation Act, 1996 Chapter 3
Title: Composition of Arbitral Tribunal
State: Central
Year: 1996
.....as a reference to, the Chief Justice of the High Court within whose local limits the principal Civil Court referred to in clause (e) of sub-section (1) of section 2 is situate and, where the High Court itself is the "Court referred to in that clause, to the Chief Justice of that High Court. Section 12 - Grounds for challenge (1) When a person is approached in connection with his possible appointment as an arbitrator, he shall disclose in writing any circumstances likely to give rise to justifiable doubts as to his independence or impartiality. (2) An arbitrator, from the time of his appointment and throughout the arbitral proceedings, shall, without delay, disclose to the parties in writing any circumstances referred to in sub-section (1) unless they have already been informed of them by him. (3) An arbitrator may be challenged only if- (a) circumstances exist that give rise to justifiable doubts as to his independence or impartiality, or (b) he does not possess the qualifications agreed to by the parties. (4) A party may challenge an arbitrator appointed by him, or in whose appointment he has participated, only for reasons of which he becomes aware after.....
View Complete Act List Judgments citing this sectionArbitration and Conciliation Act, 1996 Section 14
Title: Failure or Impossibility to Act
State: Central
Year: 1996
(1) The mandate of an arbitrator shall terminate if (a) he becomes de jure or de facto unable to perform his functions or for other reasons fails to act without undue delay; and (b) he withdraws from his office or the parties agree to the termination of his mandate. (2) If a controversy remains concerning any of the grounds referred to in clause (a) of sub-section (1), a party may, unless otherwise agreed by the parties, apply to the Court to decide on the termination of the mandate. (3) If, under this section or sub-section (3) of section 13, an arbitrator withdraws from his office or a party agrees to the termination of the mandate of an arbitrator, it shall not imply acceptance of the validity of any ground referred to in this section or sub-section (3) of section 12.
View Complete Act List Judgments citing this sectionChandernagore (Merger) Act, 1954 Complete Act
State: Central
Year: 1954
.....of the State of West Bengal shall also comprise the territory of Chandernagore as defined in clause (c) of section 2 of the Chandernagore (Merger) Act, 1954". SECTION 05: REPRESENTATION OF CHANDERNAGORE IN THE HOUSE OF THE PEOPLE - (1) Until otherwise provided by law, as from the appointed day- (a) Chandernagore shall be included in, and become part of, the Hooghly Parliamentary constituency formed by theDelimitation of Parliamentary and Assembly Constituencies (West Bengal) Order, 1951and that Order shall have effect subject to the following modifications, namely:- In Table A- (i) for the entry in column 2 relating to Serampore constituency, the following entry shall be substituted, namely:- "Bhadreswar, Singur, Serampore, Uttarpara, Chanditala and Jangipara police stations of Hoogly District and Domjur and Bally police stations of Howrah District."; (ii) for the entry incolumn 2 relating to Hooghly constituency, the following entry shall be substituted, namely: - "Pandua, Dhaniakhali, Chinsura (excluding Ward No. I of Bansbaria Municipality), Polba, Haripal, Tarakeswar, Arambagh, Khanaki;' and Pursura police stations of Hooghly District and Chandernagore."; (b) the.....
List Judgments citing this sectionD.n.de Homoeopathic Medical College and Hospital (Taking over of Management and Subsequent Acquisition) Act, 1983 Complete Act
State: West Bengal
Year: 1983
.....or the Administrator or any other person appointed under section 7 for anything which is in good faith done or intended to be done under this Act or the rules made thereunder. Section 12 Advances by the State Government (1) The State Government may, on the application made by the Administrator in this behalf, advance moneys for the purpose of efficiently managing the institution an all such moneys shall be repayable with such interest as may be prescribed. (2) Any money advanced under sub-section (1) shall, subject to the prior payment of municipal rates and any sum due to Government on account of taxes or fees, be a first charge upon the properties of the institution. Section 13 Contracts, agreements, etc., to remain suspended The State Government may, if it is satisfied that it is necessary or expedient so to do, direct, by notification, that the operation of all contracts, assurances of property, agreements, settlements, awards, standing orders or other instruments in force in relation to the institution immediately before the appointed day shall remain suspended and all rights, privileges, obligations and liabilities accruing or arising thereunder before the said.....
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