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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. … invoking Section 3 of the Foreign Awards Act, which incidentally has been repealed by the Act. What is of relevance is proposition No. 5, which … a reference of dispute arising from an international arbitration agreement governed by the provisions contained in Part III Chapter-I of the Act of 1996. I respectfully Agree with learned Brother Srikrishna J. only to the extent that

Fuerst Day Lawson Ltd. Vs. Jindal Exports Ltd.

Court : Supreme Court of India

Subject : Arbitration

Acts : The Arbitration and Conciliation Act - Sections 50, 45, 39; The Delhi High Court Act - Section 10; The Specific Relief Act - Section 6; The Trade Marks Act - Sections 76, 77; Government of India Act - Section 108; The Land Acquisition Act - Section 54; The Delhi Rent Control Act - Sections 39, 43; Code of Civil Procedure (CPC) (C.P.C) - Sections 104, 588, 4; The Indian Succession Act - Section 299

Chamber of Commerce . The Arbitration and Conciliation Act, 1996 that has repealed the Arbitration Act, 1940 and also the Acts of 1937 and 1961, … arising in this batch of cases, though not under the 1996 Act but under the provisions of the Arbitration Act, 1940 (hereinafter 1940 Act ). In Aradhana Trading Co. the Court referred to both the decisions in Vinita M. … has ten chapters that contain provisions governing domestic arbitration and international commercial arbitration. Part II has two chapters; Chapter I contains provisions relating to the New York Convention Awards and Chapter II contains provisions relating to the Geneva

inventa Fischer Gmbh and Co. Vs. Polygenta Technologies Ltd.

Court : Mumbai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 34, 44 and 48(1); International Cricket Council Rules; Constitution of India - Article 141

Reported in : 2005(2)ARBLR125(Bom); 2005(2)BomCR364

in force in India . Now the Arbitration Act 1940 has been repealed. In the present case also, the 'proper law' is the laws in … contended by Shri Dave that law of arbitration in India was earlier substantially contained in three enactments, viz., Arbitration Act, 1940, Arbitration (Protocol and Convention) Act, 1937 and the Foreign Act. The Legislature in its wisdom has made 1996 … be read with Section 2(c). Shri Dave contends that Part II deals with enforcement of certain foreign awards. Chapter I therein deals with New York convention awards. Shri Dave invites my attention to Sections 44, 45, 46 and

Manji Ramji Vs. H.M. Mehta and Co.

Court : Mumbai

Subject : Arbitration

Reported in : AIR1943Bom463; (1943)45BOMLR940

do not think it necessary to decide this point.8. In my view, on the true construction of the Arbitration Act, 1940, it has no operation in respect of an award made before the Act came into force. It seems … or the award made on a reference under the Act.6. Then in Chapter II there are various provisions relating to arbitration without the intervention of … commencement of this Act shall, notwithstanding any repeal effected by this Act, continue to apply.The old Act was repealed by Section 49 and the Third Schedule. The argument of the appellant is that a reference, which has

Mahender Singh Vs. High Court of Delhi and anr.

Court : Delhi

Subject : BankingCriminal

Acts : Securities and Exchange Board of India Act, 1992 - Sections 24(1), 26, 26(2) and 27; Securities and Exchange Board of India (Amendment) Act, 2002; Negotiable Instruments Act, 1881 - Sections 138 and 142; Code of Civil Procedure (CPC) , 1908; Arbitration Act, 1940; Goa, Daman and Diu Civil Court Act, 1965 - Sections 4 and 22; General Clauses Act, 1897 - Sections 6 and 6(3); Criminal Law (Amendment) Act, 1952 - Sections 9; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 9, 115, 374(2), 374(3), 397, 397(1) and 468; Code of Criminal Procedure (CrPC) , 1882 - Sections 31 and 439; Constitution of India - Article 227

Reported in : II(2008)BC619; [2009]151CompCas485(Delhi)

governed by the provisions of the Goa, Daman and Diu (Extension of Code of Civil Procedure, 1908 and Arbitration Act, 1940) Act, 1965 (Central Act XXX of 1965) read with the provisions of the Goa, Daman and Diu Civil … to the Union Territories of Goa, Daman and Diu and the corresponding provisions of the Portuguese Code were repealed while under the Goa Act XVI of 1965 the instant suit which was pending before the Comarca Court … and would have to be tried as such following the procedure under Chapter XX of the Code. It is an altogether different matter that the

Societe De Traction Et D'electricite Societe Anonyme Vs. Kamani Engine ...

Court : Supreme Court of India

Subject : Arbitration

Acts : Indian Companies Act, 1956 - Sections 389 and 494; Arbitration Act, 1940 - Sections 34, 46 and 47; Arbitration (Protocol and Convention) Act, 1937 - Sections 3

Reported in : AIR1964SC558; (1964)66BOMLR392; [1963]33CompCas869(SC); [1964]3SCR116

suit pursuant to s. 3 of the Arbitration (Protocol and Convention) Act, 1937, and/or s. 34 of the Arbitration Act, 1940 and/or s. 151 of the Code of Civil Procedure, 1908 and/or the inherent powers of the High Court'; … was made out, the Court could order that the same be filed. Chapter XXXVII, therefore, dealt with arbitration generally - arbitration in pending proceedings, arbitrations … 'Company' for the purposes of that act. Section 389 of the Indian Companies Act, 1956 (before it was repealed by Act 65 of 1960) read as follows :- '(1) A company may, by written agreement refer to

Daniel Dorairaj Vs. Management of the Buckingham and Carnatic Co. Ltd. ...

Court : Chennai

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 10(1) and 33-C(2); Indian Arbitration Act, 1940; Constitution of India - Article 226; Industrial Disputes (Appellate Tribunal) Act, 1950 - Sections 20 and 20(2); Revenue Recovery Act

Reported in : AIR1962Mad212; [1962(5)FLR114]; (1962)ILLJ91Mad; (1962)2MLJ47

for October 1958, granted to the workers concerned by an award made under the provisions of the Indian Arbitration Act, 1940. Certain demands were made by a section of the workmen of the Buckingham and Carnatic Co., Ltd., on … fall within the scope of sub-section (2). In support of this contention particular reference is made to the repealed section 20 of the Industrial Disputes (Appellate Tribunal) Act, 1950. Sub-section (1) of this section is in terms … be under a settlement or an award or under the provisions of Chapter V-A of the Industrial Disputes Act, 1947, and that if any workman

Harinarayan G. Bajaj Vs. Union of India (Uoi), Through Secretary, Mini ...

Court : Mumbai

Subject : Company

Acts : Securities Contract and Regulations Act, 1956 - Sections 2 and 4; Companies Act, 1956 - Sections 2(1), 2(7), 2(10), 3, 4(5), 4(6) and 397; Industrial Disputes Act; Companies Act, 1913 - Sections 153C; Companies Act - Sections 55A; Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeover) Regulations, 1994 - Sections 6, 9(1) and 9(2); Securities and Exchange Board of India Act, 1992 - Sections 1(1), 4, 11(B), 20 and 24; Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 1997 - Sections 10, 11(1) and 12; T.N. Electricity (Taxation on Consumption) Act, 1962 - Sections 12 and 13; Tamil Nadu Tax on Consumption or Sale of Electricity Act, 2003 - Sections 20 and 20(1); Indian Succession Act, 1865; General Cla

Reported in : 2008(1)ALLMR604; 2008(2)BomCR780; [2009]147CompCas579(Bom); [2008]82SCL79(Bom)

or petition or memorandum of appeal filed in civil or revenue Court challenging any award made under the Arbitration Act, 1940.Thus, the provisions of Article 3 of Schedule 1 do not apply when an application is filed or appeal … of violation of Regulations does not arise. 21. It may be mentioned that these Regulations have now been repealed by S.E.B.I. and new Regulations have been notified on 20th February, 1997. Only in the new Regulations, the … or voting agreements or in any other manner'Regulation 3 (d)'Nothing contained in Chapter III of these regulations shall apply toacquisition of shares:Regulation 3 (1)(k)'Nothing contained

Centrotrade Minerals and Metal Inc. Vs. Hindustan Copper Limited

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 2(2), 2(3), 2(4), 2(5), 2(6), 2(7), 4, 7, 9, 11, 11(6), 12, 12(3), 13, 14(2), 16, 17, 28(2), 28(3), 30, 30(2), 30, 30(2), 31, 32, 32(1), 32(2), 33, 34, 34(2), 34(3), 35, 36, 37, 37(2), 37(3), 39, 40(1), 41, 42, 43, 44, 45, 46, 47, 48, 48(1), 48(2), 49, 51, 53, 54, 57(1) and 85; Defence of India Act, 1939 - Sections 19 and 19(1); Government of India Act, 1935 - Sections 220(3) and 299(2); Land Acquisition Act, 1894 - Sections 23(1); Arbitration Act, 1899; Arbitration Act, 1940 - Sections 7, 30, 34, 44 and 47; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 9; Limitation Act, 1963; Carriage of Goods by Sea Act, 1992; Contract Act, 1872 - Sections 23; Indian Coun

Reported in : 2006(3)ARBLR201(SC); JT2006(5)SC507; 2006(5)SCALE535; (2006)11SCC245

1996 Act, all matters relating to arbitration, both domestic and foreign, was governed by several statutes, viz., the Arbitration Act, 1940 (for short "the 1940 Act"), Arbitration (Protocol and Convention) Act, 1937 and the Foreign Awards (Recognition and Enforcement) … mean an agreement referred to in Section 7. Section 7 defines an arbitration agreement for the purpose of Chapter I to mean an agreement by the parties to submit to arbitration all or certain disputes which have arisen … Awards (Recognition and Enforcement) Act, 1961. All the aforementioned statutes have been repealed by the 1996 Act and make provisions in two different parts, namely,

News Today (P) Limited, T.V. Division Vs. S. Hari Prasad and ors.

Court : Andhra Pradesh

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 2(3), 5, 11, 11(5), 11(6), 11(6)(1), 11(7), 11(9), 16, 16(1), 16(6) and 34; Indian Contract Act, 1872 - Sections 23 and 27; Arbitration Act, 1940 - Sections 33; Constitution of India - Article 23

Reported in : 2009(4)ALT657

law declared by Supreme Court in these two leading authorities was with reference to the provisions of the Arbitration Act, 1940 (1940 Act, for brevity). Does it continue to hold the field? This Court is afraid to say 'no' … any application. It is well settled that any decision of Supreme Court interpreting the law, which has been repealed by the New enactment cannot be treated as declaration of law with reference to New Act unless and … Enforcement of Foreign Arbitral Awards, 1958 respectively. Part I consisting of ten Chapters (Sections 2 - 43) follows the provisions of UNCITRAL Model Law except