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Start Free TrialArbitration (Protocol and Convention) Act, 1937 [Repealed] Preamble 1
Title: Arbitration (Protocol and Convention) Act, 1937
State: Central
Year: 1937
THE ARBITRATION (PROTOCOL AND CONVENTION) ACT, 1937 [Act, No. 6 of 1937] [4th March, 1937] PREAMBLE An Act to make certain further provisions respecting the law of arbitration in (the words the Provinces of were omitted by the A.O.1950.) India. WHEREAS India was a State signatory to the Protocol on Arbitration Clauses set forth in the First Schedule, and to the Convention on the Execution of Foreign Arbitral Awards set forth in the Second Schedule, subject in each case to a reservation of the right to limit its obligations in respect thereof to contracts which are considered as commercial under the law in force in {the words "the Provinces of" were omitted by the A.O.1950.}India; AND WHEREAS it is expedient, for the purpose of giving effect to the said Protocol and of enabling the said Convention to become operative in {the words "the Provinces of" were omitted by the A.O.1950.} India, to make certain further provisions respecting the law of arbitration; It is hereby enacted as follows:
View Complete Act List Judgments citing this sectionArbitration (Protocol and Convention) Act, 1937 [Repealed] Complete Act
Title: Arbitration (Protocol and Convention) Act, 1937 [Repealed]
State: Central
Year: 1937
Preamble1 - ARBITRATION (PROTOCOL AND CONVENTION) ACT, 1937 Section1 - Short title, extent and operation Section2 - Interpretation Section3 - Stay of proceedings in respect of matters to be referred to arbitration Section4 - Effect of foreign awards Section5 - Filing of foreign award in Court Section6 - Enforcement of foreign award Section7 - Conditions for enforcement of foreign awards Section8 - Evidence Section9 - Saving Section10 - Rule-making powers of the High Court ScheduleI - FIRST SCHEDULE ScheduleII - SECOND SCHEDULE Repealing Act1 - ARBITRATION AND CONCILIATION ACT, 1996
List Judgments citing this sectionThe Trade Marks (Amendment) Act, 2010 No. 40 of 2010[21st September, 2010.] Complete Act
Title: The Trade Marks (Amendment) Act, 2010 No. 40 of 2010[21st September, 2010.]
State: Central
Year: 2010
.....such fee as may be prescribed, to the Registrar, of opposition to the registration.". 4. Amendment of section 23. - In section 23 of the principal Act, in sub-section (1), after the words "register the said trade mark", the words "within eighteen months of the filing of the application" shall be inserted. 5. Insertion of new Chapter IVA. - After Chapter IV of the principal Act, the following Chapter shall be inserted, namely:- CHAPTER IVASPECIAL PROVISIONS RELATING TO PROTECTION OF TRADE MARKS THROUGH INTERNATIONAL REGISTRATION UNDER THE MADRID PROTOCOL 36A. Application of Act in case of international registration under Madrid Protocol. - The provisions of this Chapter shall apply to international applications and international registrations under the Madrid Protocol.36B. Definitions. - In this Chapter, unless the context otherwise requires,-(a) "application", in relation to a Contracting State or a Contracting Organisation, means an application made by a person who is a citizen of, or is domiciled in, or has a real and effective industrial or commercial establishment in, that Contracting State or a State which is a member of that Contracting Organisation, as the case may.....
List Judgments citing this sectionArbitration (Protocol and Convention) Act,1937 Complete Act
State: Central
Year: 1937
.....of"an agreement whether relating to existing or future differences "between parties subject respectively to the jurisdiction of different Contracting States by which the parlies to a contract agree to submit to arbitration - all or any differences that may arise in connection with such contract relating to commercial matters or to any other matter capable of a settlement by arbitration, whether or not the arbitration is to take place in a country to whose jurisdiction none of the parties is subject. Each Contracting State reserves the right to limit the obligation mentioned above to contracts which are considered as commercial under its national law. Any contracting State which avails itself of this right will notify the Secretary -General of the League of Nations in order that the other Contracting States may be so informed. 2. The arbitral procedure, including the constitution of the Arbitral Tribunal, shall be governed by the will of the parties and by the law of the country in whose territory the arbitration takes place. The Contracting States agree to facilitate all steps in the procedure which require to be taken in their own territories, in accordance with the.....
List Judgments citing this sectionArbitration (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 (Protocol and Convention) Act, 1937 [Repealed] Schedule II
Title: Second Schedule
State: Central
Year: 1937
.....shall have reached the Secretary-General of the League of Nations. The denunciation of the Protocol on Arbitration Clauses shall entail, ipso facto, the denunciation of the present Convention. Article 10.The present Convention does not apply to the Colonies, Protectorates or territories under suzerainty or mandate of any High Contracting Party unless they are specially mentioned. The application of this Convention to one or more of such Colonies, Protectorates or territories to which the Protocol on Arbitration Clauses opened at Geneva on September 24th, 1923, applies, can be effected at any time by means of a declaration addressed to the Secretary-General of the League of Nations by one of the High Contracting Parties. Such declaration shall take effect three months after the deposit thereof. The High Contracting Parties can at any time denounce the Convention for all or any of the Colonies, Protectorates or territories referred to above. Article 9 hereof applies to such denunciation. Article 11.A certified copy of the present Convention shall be transmitted by the Secretary-General of the League of Nations to every Member of the League of Nations and to every.....
View Complete Act List Judgments citing this sectionArbitration (Protocol and Convention) Act, 1937 [Repealed] Schedule I
Title: First Schedule
State: Central
Year: 1937
.....under its national law.Any Contracting State which avails itself of this right will notify the Secretary-General of the League of Nations in order that the other Contracting States may be so informed. 2. The arbitral procedure, including the constitution of the Arbitral Tribunal, shall be governed by the will of the parties and by the law of the country in whose territory the arbitration takes place. The Contracting States agree to facilitate all steps in the procedure which require be taken in their own territories, in accordance with the provisions of their law governing arbitral procedure applicable to existing differences. 3. Each Contracting State undertakes to ensure the execution by its authorities and in accordance with the provisions of its national laws of arbitral awards made in its own territory under the preceding articles. 4. The Tribunals of the Contracting Parties, on being seized of a dispute regarding a contract made between persons to whom Article 1 applies and including an Arbitration Agreement whether referring to present or future differences which is valid in virtue of the said article and capable of being carried into effect, shall refer.....
View Complete Act List Judgments citing this sectionSuppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002 Section 10
Title: Contracting Parties to Convention or Protocol
State: Central
Year: 2002
The Central Government may, by notification in the Official Gazette, certify as to which are the Convention States or Protocol States and to what extent such Stales have availed themselves of the provisions of the Convention or Protocol, as the case may be, and any such notification shall be conclusive evidence of the matters certified therein.
View Complete Act List Judgments citing this sectionArbitration (Protocol and Convention) Act, 1937 [Repealed] Section 1
Title: Short Title, Extent and Operation
State: Central
Year: 1937
(1) This Act may be called the Arbitration (Protocol and Convention) Act, 1937. {Substituted by the A.O.1950.}[(2) It extends to the whole of India {The words "except Part B States" were omitted by Act 3 of 1951,Section 3 and Schedule.}.] (3) The provisions of this Act, except this section, shall have effect only from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, and the Central Government may appoint different dates{S.3 came into effect on the 30th November, 1937, see Gazette of India, 1937, Pt.1, p.1945; and ss.2 and 4 to 10 on the 23rd January, 1933, see Gazette of India 1938, Pt.1, p.25.}for the coming into effect of different provisions of the Act.
View Complete Act List Judgments citing this sectionArbitration (Protocol and Convention) Act, 1937 [Repealed] Section 2
Title: Interpretation
State: Central
Year: 1937
In this Act {Definition of "States" ins. by the A.O.1950 was omitted by Act 3 of 1951,Section3 and Sch}"foreign award" means an award on differences relating to matters considered as commercial under the law in force in {Substituted by the A.O.1950 for "the states".} [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 First 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{For such notification, see Gazette of India, 1938, Pt.I, p.24.}in the Official Gazette, declare to be parties to the Convention set forth in the Second 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 provisions have been made, may by like notification, declare to be territories to which the said Convention applies, and for the purposes of this Act an award shall not be deemed to be final if any proceedings.....
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