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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) … 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 All the aforementioned statutes have been repealed by the 1996 Act and make provisions in two different parts, namely, … had jurisdiction to decide his own jurisdiction in terms of Article 8.3 of the ICC Rules as also Section 16 of the 1996 Act. (iii) the claim of Centrotrade based on the report of Inspectorate Griffith was just.

Suresh Chander Vs. Delhi Development Authority

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 11, 16 and 20; Limitation Act - Sections 37(3) - Schedule - Article 137; Arbitration and Conciliation Act, 1996

Reported in : 2003IIAD(Delhi)88; 2003(2)ARBLR176(Delhi); 103(2003)DLT35; 2003(67)DRJ234; 2003(1)RAJ583

case. During the pendency of this petition, the Arbitration Act, 1940 was repealed and the Arbitration and Conciliation Act, 1996 came into force. The Division … This is one of the unfortunate examples of the defendants dragging a petition under Section 20 of the Arbitration Act, 1940 for a period of 20 years.2. The brief background of the facts, to the extent required for appreciating … the arbitrator so appointed, would have jurisdiction to decide all aspects of the matter including those governed by Section 16 of the new Act.23. While under the new Act, under certain circumstances it would have warranted for this

Masusmi Sa Investment Llc Vs. Keystone Realtors Pvt. Ltd. and Others

Court : Mumbai

Subject : Arbitration

code. For the aforesaid issue, it is not necessary to examine the differences between the provisions of the Arbitration Act, 1940, and the Arbitration Act, 1996. It is also not necessary to examine the scope of any particular provision … by section 104. In 1940, the legislature enacted Act X of 1940, repealing schedule 2 and section 104(1) clauses (a) to (f) of the Code … order of the arbitral tribunal- (a) acceptingthe plea referred to in sub-section (2) or sub- section (3) of section 16; or (b) granting or refusing to grant an interim measure under section 17. (3) No second appeal shall

Good Value Engineers Vs. M.M.S. Nanda

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 20, 37, 37(1), (2) and (3); Arbitration and Conciliation Act, 1996 - Sections 21, 85, 85(1) and (2); Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961; Indian Limitation Act, 1908

Reported in : 2002(61)DRJ573

an answer is as to whether in the facts of the case in hand the provisions of the Arbitration Act, 1940 or the Arbitration and Conciliation Act, 1996 would apply.2. This question arises on basis of the facts that … promulgated the Arbitration and Conciliation Ordinance on 16.1.1996. With effect from 16.1.1996, the Arbitration Act, 1940 had been repealed.3. It is on the strength of these facts that it had been urged in terms that since notice … this back/drop, one can conveniently refer to the relevant provisions of law.5. Section 21 of the Arbitration and Conciliation Act, 1996, in its stark brevity

Mohd. Usman Military Contractor, Jhansi Vs. Union of India (Uoi), Mini ...

Court : Supreme Court of India

Subject : ArbitrationLimitation

Acts : Arbitration Act, 1940 - Sections 8 and 20; Arbitration Act, 1899; Limitation Act, 1908 - Schedule - Articles 158, 178 and 181; General Clauses Act, 1897 - Sections 8(1)

Reported in : AIR1969SC474; 1969(17)BLJR385; [1969]2SCR232

: Article 181 should be construed as if the words 'under the Code' were added in it. The Arbitration Act, 1940 repealed paragraph 17 of the second schedule to the Code and re-enacted it in Section 20 with minor modifications. … be found in the Indian Arbitration Act, 1899 and the Code of Civil Procedure, 1908. Paragraphs 1 to 16 of the second schedule to the Code applied to all arbitrations in suits. As to arbitrations otherwise than

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 … 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 … that the Court could modify an award not made under the Act. And the same observation applies to Section 16, which gives the Court power to remit an award under certain circumstances. I think it would be difficult

M/S. Rose Advertising Vs. M/S. Delhi Transport Corporation

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 20; Arbitration and Conciliation Act, 1996 - Sections 21

Reported in : 2001IIIAD(Delhi)513; 90(2001)DLT834; 2001(2)RLR262

1996, Act. On the date of making of appointment of the arbitrator the Arbitration Act, 1940 already stood repealed. No appointment could have been made by the Chairman-cum-Managing Director by invoking the provisions of Arbitration Act, 1940 … ORDERDevinder Gupta, J.1. Whether the Arbitration Act, 1940 (Act No. 10 of 1940) or the Arbitration and Conciliation Act, 1996 (Act No. 1 of 1996) would … the appellant was again not acceded to, on 16.1.1996 a petition under Section 20 of the Arbitration Act, 1940 was filed by the appellant. Notice

Sharda Construction Vs. State of Jharkhand and ors.

Court : Jharkhand

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 11(6); Arbitration Act, 1940

Reported in : [2004(4)JCR786(Jhr)]

on the subject of jurisdiction which had held the field until the repeal of Arbitration Act, 1940. For better appreciation, Article 16 of UNCITRAL Model … Arbitration and Conciliation Act, 1996 the law which held the filed on the subject of arbitration was the Arbitration Act, 1940. In the said Act, 1940, ordinarily an Arbitrator had no power to decide on his own jurisdiction. The … with the Arbitral Tribunal to decide objection with respect to the existence or validity of the arbitration agreement. Section 16 of the said Act reads as under :-'Competence of Arbitral Tribunal to rule on its jurisdiction.-(1) The Arbitral

Atul Singh and ors. Vs. Sunil Kumar Singh and ors.

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 7, 7(4), 8, 8(1), 8(2) and 33; Arbitration Act, 1940 - Sections 34; Code of Civil Procedure (CPC) - Order 7, Rule 11

Reported in : AIR2008SC1016; 2008(1)ARBLR1(SC); 2008(1)AWC757(SC); 2008(56)BLJR778; 2008BusLR93(SC); 2008(2)CTC856; [2008(2)JCR39(SC)]; 2008(1)SCALE84; (2008)2SCC602; 2008(1)LC180(SC); 2008AIRSCW570; 2008(2)CivilLJ749; 2008(1)Supreme268; 2008(1)LH(SC)723; 2008(2)ICC142; 2008(2)KCCRSN83

Act, 1940. Thereafter, he filed an application on 28.2.2005 praying that as the Arbitration Act, 1940 had been repealed and the suit is of 1998, to avoid any confusion, his earlier petitions may be treated to have … aside on 3.11.2004. The defendant No. 3 thereafter moved an application on 25.11.2004 under Section 34 of the Arbitration Act, 1940 praying that in view of the arbitration clause in the agreement dated 13.1.1989, the proceedings in the suit … under Order VII Rule 11 CPC on 18.9.1998, which was rejected on 16.1.2002. A review petition seeking review of the aforesaid order was filed but

Punjab State Co-operative Supply and Marketing Federation Ltd. Vs. Shi ...

Court : Punjab and Haryana

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 1, 8(3) and 34; Arbitration Act, 1940 - Sections 46 and 47

Reported in : AIR2000P& H333

counsel appearing for plaintiff-respondent No. 1 submitted before me that in the present case, the provisions of the Arbitration Act, 1940 (hereinafter referred to as 'the 1940 Act') would apply. Reliance was placed on Shetty's Constructions Co. Pvt. Ltd. … come into force with effect from 25-1-1996 whereby the 1940 Act stood repealed. Since no proceedings under the 1940 Act were pending in this case … pending before the judicial authority (Courts), an arbitration may be commenced or continued and an arbitral award made. Section 16 of 1996 Act provides that the arbitral tribunal may rule on its own jurisdiction, including ruling on any