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The Electrical Manufacturing Co. Ltd., Calcutta and anr. Vs. the Cromp ...

Court : Chennai

Subject : ContractArbitration

Acts : Indian Companies Act; Arbitration Act, 1940 - Sections 2, 3 to 19, 20, 21 to 25, 26 to 38, 39 and 40 to 48; Code of Civil Procedure (CPC), 1908 - Sections 20; ;Indian Arbitration Act, 1899 - Sections 23

Reported in : AIR1974Mad261

3407 metric tons of steel. The plaintiffs, therefore, have filed the present application under Section 20 of the Arbitration Act, 1940, for the reliefs mentioned therein contending that the agreement dated nth July, 1962 and the supplemental agreement dated … 21 to 25, while Chapter V relates to general provisions and Sections 26 to 38 are comprised therein. Chapter VI relates to appeals comprising Section 39 and Chapter VII is a miscellaneous Chapter containing Sections 40 to48.11. Section … as already stated, is a consolidating enactment relating to arbitration and which repeals the 1899 Act and the Second Schedule to the Code, with special

The Electrical Manufacturing Co. Ltd. and anr. Vs. the Crompton Engine ...

Court : Chennai

Subject : Arbitration

Reported in : (1973)2MLJ424

3407 metric tons of steel. The plaintiffs, therefore, have filed the present application under Section 20 of the Arbitration Act, 1940, for the reliefs mentioned therein contending that the agreement dated nth July, 1962 and the supplemental agreement dated … 21 to 25, while Chapter V relates to general provisions and Sections 26 to 38 are comprised therein. Chapter VI relates to appeals comprising Section 39 and Chapter VII is a miscellaneous Chapter containing Sections 40 to 48.11. … as already stated, is a consolidating enactment relating to arbitration and which repeals the 1899 Act and the Second Schedule to the Code, with special

Saha and Co. Vs. Ishar Singh Kripal Singh and Co.

Court : Kolkata

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 15 to 17 and 30 to 33; ;Code of Civil Procedure (CPC)

Reported in : AIR1956Cal321,60CWN471

legislative history on this branch of jurisprudence, the past decisions on the repealed Law and the decisions on the- new Arbitration Act, 1940 is of … certain Division Benches, we referred to the decision of a Full Bench the following questions:1 Does the Indian Arbitration Act, 1940, distinguish between an application for setting aside an award and an application for the adjudgment of an award … includes applications for stay of legal proceedings under Section 34 and applications for Arbitrator's remuneration under Section 38.Thereafter Chapter VI deals with appeals under Section 39 which does not provide appeals from a decision under Section 33 of

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. … conditions required to be fulfilled for 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 the court states as follows:'(v) the … 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 … find myself in the unenviable position of having to disagree with the views expressed therein.The judgment of Brother Sabharwal fully sets out the facts in

In Re: Joghee Gowder and ors.

Court : Chennai

Subject : Arbitration

Reported in : (1956)1MLJ234

to be the Court and become a pure arbitrator and that the provisions of Chapter IV of the Arbitration Act, 1940, as well as the provisions of Schedule II of the Civil Procedure Code (since repealed), necessarily implied that … not in any way resemble, an award.8. The Indian case-law on the subject is to the same effect, viz., that when a Judge is asked to arbitrate between the parties to a suit before him, he does

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. … Jurisdiction of Arbitral Tribunals (sections 16-17). Chapter V lays down provisions concerning Conduct of Arbitral Proceedings (sections 18-27). Chapter VI deals with Making of Arbitral Award and Termination of Proceedings (sections 28-33). Chapter VII has only one section,

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 … I 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 … 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 … to the Court of Addl. Chief Metropolitan Magistrate, This application is rejected vide orders dated 5.10.2005, which has led the petitioner to file the present

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 … mere statutory arbitrations to which a company is obliged to submit by virtue of the provisions of the Companies Act. To invest sub-s. (3) with

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 … to be followed in default of the parties, procedure regarding making arbitral award and termination of proceedings, under Chapter VI including the provisions regarding formal contents of the award, etc., are some of the important provisions in the … Foreign Awards (Recognition and Enforcement) Act, 1961 (XLV of 1961) are hereby repealed. (2) Notwithstanding such repeal,- (a) the provisions of the said enactments shall