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Shin-etsu Chemical Co. Ltd. Vs. Aksh Optifibre Ltd. and anr.

Court : Supreme Court of India

Subject : Arbitration

Acts : Indian Arbitration and Conciliation Act, 1996 - Sections 5, 8, 8(1), 8(3), 44 to 52 and 85; Foreign Awards Act, 1961 - Sections 3; Arbitration Act, 1940 - Sections 34; Code of Civil Procedure (CPC) , 1908; High Court Ordinance - Sections 14; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 3; Constitution of India - Article 227; Foreign Awards (Amendment) Act, 1973

Reported in : AIR2005SC3766; 2005(3)ARBLR1(SC); 2005(4)AWC3851(SC); [2005]127CompCas97(SC); 2005(4)CTC297; JT2005(7)SC426; (2005)4MLJ84(SC); (2005)7SCC234; 2005(2)LC1277(SC)

suggest in the context of Section 3 of the Foreign Awards Act, 1961 ('Foreign Awards Act') and the Arbitration Act, 1940, that the court must be fully satisfied that the arbitration agreement exists before granting stay of the proceedings. … answer the question, first it would be useful to examine few other provisions of the Act besides the Preamble and the Statement of Objects and Reasons and in that light consider the international precedents.60. The question being … court made under Section 45 of the Indian Arbitration and Conciliation Act 1996 ('the Act') that the arbitration agreement, falling within the definition of Section

Vidya Drolia Vs. Durga Trading Corporation

Court : Supreme Court of India

Subject : Arbitration

v. SBI Home Finance Ltd.4 In Natraj Studios (P) Ltd., wherein an application under Section 8 of the Arbitration Act, 1940 was dismissed as the tenancy was protected under the Bombay Rents, Hotel and Lodging Houses Rates Control Act, … be impartial and independent, adhere to natural justice, and follow a fair and just 37 (vii) from the preamble of the text of the bill of 2007 Arbitration Fairness Act as was written by the sponsor and … that landlord-tenant disputes governed by the provisions of the Transfer of Property 1 2019 SCC OnLine SC3582 (2017) 10 SCC7061 Act, 1882, are not arbitrable

Jagdish Chander Vs. Hindustan Vegetable Oils Corporation and anr.

Court : Delhi

Subject : ContractArbitration

Acts : Indian Contract Act, 1973 - Sections 73; Arbitration Act, 1940 - Sections 14

Reported in : AIR1990Delhi204; 1989(2)ARBLR189(Delhi); ILR1990Delhi399

Thousand only) to the Arbitrator as charges for making the award in terms of section 14(1) of the Arbitration Act 1940. (9) The petitioner thereafter filed an application under sections 14, 17. and 29 of the Arbitration Act, inter … to the conclusion that the arbitrator has ignored this evidence on record. The arbitrator has stated in the preamble of the award that he has taken into consideration all the evidence on the record, both oral and

Mr. Puneet Malhotra and anr. Vs. Mr. R.S. Gai, Sole Arbitrator and ors ...

Court : Mumbai

Subject : ArbitrationCivil

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 20, 21, 34, 34(1), 34(2), 37, 37(1), 75, 81, 85 and 85(2); Bombay Court Fees Act, 1959 - Schedule - Articles 1, 3, 13 and 18; Arbitration Act, 1940 - Sections 2, 30 and 33; General Clauses Act - Sections 8 and 8(1); Foreign Awards (Recognition and Enforcement) Act, 1961; Arbitration (Protocol and Convention) Act, 1937; Contract Act - Sections 28

Reported in : AIR2009Bom42; 2008(6)ALLMR856; 2008(4)ARBLR398(Bom); 2008(6)BomCR551; 2008BusLR40(Bom); 2008(6)MhLj867:2009(2)AIRKarR55(F.B).

Matched in: Advocate S.S. Kanetkar, Adv. in Writ Petition No. 4064 of 2008, R.D. Dhanuka, ;R. Yadav, ;R.Y. Shirsekar and ;H.C. Pimple, Advs. in Arbitration Petition No. 340 and 341 of 2007 and Arbitration Petition (L) No. Vikas Shivarkar, Adv. for Respondent Nos. 3 and 4 in Writ Petition No. 4064 of 2008, ;Zal Andhyarujina, ;Rajeev Talasikar and ;Shivani, Advs., i/b., Javed Gaya, Adv. in Arbitration Petition No. 340 an

Kotak Mahindra Prime Limited Vs. Sanjeev Sadaram Chavare and ors.

Court : Mumbai

Subject : Civil

Acts : Arbitration Act, 1940 - Sections 20; Code of Civil Procedure (CPC) , 1908 - Sections 9A, 20 and 100 - Order 7, Rule 11 - Order 41, Rule 23 - Order 43, Rule 1; Constitution of India - Article 136

Reported in : 2008(6)ALLMR648; 2009(1)BomCR130

the arbitration clause and he could not, therefore, seek to enforce the arbitration agreement under Section 20 of Arbitration Act, 1940 against the insurance company. The judgment does not mention the relevant term in the agreement and as such, … while considering transfer of accountable claims, right to sue for damages has been held to be transferable.22. The preamble of agreement dated 11.12.2001 itself permits respondent No. 2/3 to assign the agreement and the benefit of agreement … By this appeal against order filed under provisions of Order 43, Rule 1(u) of the Civil Procedure Code, the appellant-original defendant No. 3 in Regular

M.M.T.C. Through Its General Manager Vs. Vicnivass Agency Through Its ...

Court : Chennai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 33, 34, 34(1), 34(2), 34(3), 34(4), 75 and 81; Right to Information Act (RTI); Arbitration Act, 1950 - Sections 22; (English) Arbitration Act, 1996; Arbitration Act, 1940 - Sections 14, 14(2), 15, 16, 16(1), 17 and 30; Code of Civil Procedure (CPC) - Sections 107(1) - Order 41, Rules 23 to 25 and 27

Reported in : (2009)1MLJ199

Arbitration Act, has made a complete departure from the provision for remand contained in Section 16 of the Arbitration Act, 1940; and(ii) that the scope of Section 34(4) of the 1996 Act, does not appear to have come up … and Conciliation Act, 1996 is scripted on the basis of UNCITRAL Model Law, as is clear from the Preamble as well as the Statement of Objects and Reasons. While the Model Law was adopted as such for … as Arbitrator.2. The Arbitrator conducted an enquiry and passed an award on 16.3.2006, dismissing the claim made by the first respondent. Aggrieved by the said

Vijaya Bank Vs. Maker Development Services Pvt. Limited

Court : Mumbai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 5, 28(1), 34, 34(2), 34(3), 34(4), 34(5), 35 and 37(1); Arbitration Act, 1940 - Sections 8, 30, 33 and 39; Companies Act, 1956; Indian Contract Act - Sections 55; U.N.C.I.T.R.A.L. Model Law on International Commercial Arbitration, 1985; U.N.C.I.T.R.A.L. Conciliation Rules, 1980; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 7(1); Constitution of India - Articles 136, 226 and 227; Presidency Small Cause Courts Act, 1882 - Sections 41; Bombay Rents, Hotel and Lodging House Rates Act, 1947 - Sections 5(11), 15A and 28; Bombay City Civil Court Act, 1948 - Sections 3

Reported in : 2001(4)ALLMR143; 2001(3)BomCR652

They are, The law on arbitration in India is at present substantially contained in three enactments, namely, the Arbitration Act, 1940, the Arbitration (Protocol and Convention) Act, 1937 and the Foreign Awards (Recognition and Enforce-ment) Act, 1961. It is … our judgment, this proposition is erroneous, both on principle and on precedent. 20. The 1996 Act, as the preamble indicates, is an act to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and … B. B. Srikrishna. J. 1. This appeal under Section 37(1)(b) of the Arbitration and Conciliation Act, 1996

S.B.P. and Co. Vs. Patel Engineering Ltd. and anr.

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 1, 2 to 6, 7, 8, 9, 10, 11, 11(1), 11(2), 11(3), 11(4), 11(5), 11(6), 11(7), 11(8), 11(9), 11(10), 12, 12(3), 13, 14, 15, 16, 16(1), 17, 18 to 27, 28 to 33, 34 to 37, 37(2), 44 to 60, 61 to 81 and 82 to 86; Arbitration Act, 1859; Arbitration Act, 1940 - Sections 2 to 43 and 85; Code of Civil Procedure (CPC) , 1908; Limitation Act, 1963 - Sections 43; United Provinces (Temporary) Control of Rent and Eviction Act, 1947; Kerala Buildings (Lease and Rent Control) Act, 1965 - Sections 18; Constitution of India - Articles 32, 136, 226 and 227; Code of Civil Procedure (CPC) , 1859; Arbitration Act, 1899; Industrial Disputes Act, 1947 - Sections 10 and 10(1); Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 3, 7 and 35; Foreign

Reported in : AIR2006SC450; 2006(1)ALD10(SC); 2005(3)ARBLR285(SC); 2006(1)AWC538(SC); 2006(1)BomCR585; [2005]128CompCas465(SC); (2006)2CompLJ7(SC); 2005(5)CTC302; (2006)3GLR2097; [2006(1

1859 with limited application and the Second Schedule to the Code of Civil Procedure, 1908. Then came the Arbitration Act, 1940. Section 8 of that Act conferred power on the Court to appoint an arbitrator on an application made … as also to define the law relating to conciliation and for matters connected therewith or incidental thereto. The preamble indicates that since the United Nations Commission on International Trade Law (UNCITRAL) has adopted a Model Law for … P.K. Balasubramanyan, J.Leave granted in SLP(C) Nos. 3205/2004, 14033-14034/2004, 21272-273/2002.1. What is the nature of the function of the Chief Justice

Pratabmull Rameshwar Vs. K.C. Sethia (1944), Ltd.

Court : Kolkata

Subject : ContractArbitration

Acts : Arbitration Act, 1940 - Sections 2, 30 and 32; ;Arbitration (Protocol and Convention) Act, 1937 - Sections 4(1), 4(2), 7, 7(1) and 9; ;Contract Act, 1872 - Section 23; ;Specific Relief Act, 1877 - Section 39; ;Code of Civil Procedure (CPC) , 1908 - Section 9

Reported in : AIR1960Cal702,64CWN616

and Convention) Act 1937. Besides, such suit will no longer be maintainable under Section 32 of the new Arbitration Act 1940. The authority of that decision of the Privy Council therefore has disappeared except the observations of Viscount Cave … of the Arbitration (Protocol and Convention) Act 1937 leads to certain conclusions. First the Act states in the preamble that India is a State signatory to the Protocol on Arbitration Clauses set out in the First Schedule … for shipment under the first two contracts was from September to November, 1947 and under the last two contracts was from December, 1947 to January,

M/S. Reshma Constructions Vs. State of Goa

Court : Mumbai

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 14, 20, 26, 30 and 85; Arbitration and Conciliation Act, 1996 - Sections 33, 34, 36 and 85; Limitation Act, 1963 - Sections 14; The Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961

Reported in : 1998(3)BomCR837; 1999(1)MhLj462

Arbitration and Conciliation Act, 1996 (hereinafter called as 'the new Act') to the arbitration proceedings commenced under the Arbitration Act, 1940 (hereinafter called as 'the old Act') and which were pending for disposal at the time when the new … by any further statutory changes those may be brought about in such law. Now if we peruse the Preamble of the new Act, it is seen that it reads thus:'An Act to consolidate and amend the law … present petition is about the applicability of the Arbitration and Conciliation Act, 1996 (hereinafter called as 'the new Act') to the arbitration proceedings commenced under