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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

Rules of Arbitration of the International Chamber of Commerce . The Arbitration and Conciliation Act, 1996 that has repealed the Arbitration Act, 1940 and also the Acts of 1937 and 1961, consolidates and amends the law relating … arising in this batch of cases, though not under the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. … this batch of cases is whether an order, though not appealable under section 50 of the Arbitration and Conciliation Act, 1996 (herein after 1996 Act … remedy does not bar a suit. ... 65. He, then, considered sections 31 and 32 of the Act and came to hold as follows: 6....

Nirma Ltd. Vs. Lurgi Energie Und Entsorgung Gmbh and ors.

Court : Gujarat

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 2(1), 16, 34 and 37(2)

Reported in : AIR2003Guj145; 2003(2)ARBLR241(Gujarat); (2003)1GLR438

leaves no room for doubt on the point.' 8.2 In the context of the provisions of the old Arbitration Act, 1940 and the Foreign Awards (Recognition and Enforcement) Act, 1961, it is observed that an award is 'foreign' not … provisions of the new Arbitration and Conciliation Act, 1996 which has, while repealing, substituted the Arbitration (Protocol and Convention) Act, 1937, Arbitration Act, 1940 and … the parties and according to the I.C.C. Rules, an award which also satisfied all the attributes enumerated in Section 31 of the Act. Section 31 expressly permits making of an interim arbitral award during the arbitral proceedings and

Shiv Singh Amar Singh vs.ntpc Ltd

Court : Delhi

Subject : Arbitration

and the Amending Act do not apply to the Arbitral Award and the same is governed by the Arbitration Act, 1940 O.M.P.(ENF.) (COMM) No.67/2018 Page 1 (hereinafter referred to as the ‘1940 Act’). Counsel for the respondent submits that … 1940 (10 of 1940) and the Foreign Awards (Recognition and Enforcement) Act, 1961 (45 of 1961) are hereby repealed. (2) Notwithstanding such repeal,- (a) the provisions of the said enactments shall apply in relation to arbitral proceedings … CHAWLA Kumar and Mr.Ojusya Joshi,Advs.1. The present petition has been filed under Section 36 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as … used in various sections, namely, 17, 21, 23(3), 24(1), 25, 26, 29, 31, 85(2)(a) etc. indicates that it is open to the parties to agree

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, … terms of the contract and to take into account the usages of the trade applicable to the transaction. Section 31 provides for the form and contents of the arbitral award. Section 32 provides for termination of proceedings; in

Mcdermott International Inc. Vs. Burn Standard Co. Ltd. and ors.

Court : Supreme Court of India

Subject : Arbitration

Acts : Indian Contract Act - Sections 23, 55 and 73; ;Constitution of India - Articles 14 and 142; Arbitration Act, 1940 - Sections 2(2), 7, 16, 30, 31, 31(3), 31(6), 31(7), 33, 33(4), 34 and 37; ;Arbitration (Protocol and Convention) Act, 1937; ;Foreign Awards (Recognition and Enforcement) Act, 1961; Arbitration and Conciliation Act, 1996 - Sections 7, 2(1), 16, 33 and 34; Carriage of Goods by Sea Act, 1992 - Sections 2(2); International Chamber of Commerce Arbitration Rules

Reported in : 2006(5)ALD84(SC); 2006(2)ARBLR498(SC); (2007)1CALLT36(SC); (2007)3CompLJ213(SC); (2006)4MLJ456(SC); 2006(6)SCALE220; (2006)11SCC181; 2005(10)SCC353; MANU/SC/8177/2006

the Main Contracts and is not settled mutually by negotiation, shall be referred to arbitration under the Indian Arbitration Act, 1940, as amended from time to time, by appointing some agency acceptable to both the parties as Arbitrators and … 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, … of work, no reason, far less any cogent or sufficient reason, as was mandatorily required in terms of Section 31 of the Act having been assigned, the impugned award is vitiated in law. (v) In its award, the

Moolchand Jothajee Vs. Rashid Jamshed Sons and Co., by Its Proprietor, ...

Court : Chennai

Subject : Arbitration

Reported in : AIR1946Mad346; (1946)1MLJ185

suit. The % question in this appeal is whether he has the same right now that the Indian Arbitration Act, 1940, is in force.2. The appellants entered into a contract with the respondents to sell to them a certain … 32.10. The learned advocate has laid great stress on the fact that the Act of 1940 has not repealed Section 30 of the Specific Relief Act, that it has not eliminated Form No. 10 from Appendix A to … great bearing on the question to be decided in this appeal and we will quote them in extenso.7. Section 31 reads as follows:(1) Subject to the provisions of this Act, an award may be filed in any Court

Ram Chander and ors. Vs. Jamna Shankar and ors.

Court : Rajasthan

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 14, 17 and 39(1); Code of Civil Procedure (CPC) - Sections 34 and 115 - Order 9, Rule 13 - Order 43, Rule 1; Transfer of Property Act, 1882 - Sections 58; Evidence Act, 1872 - Sections 115

Reported in : AIR1962Raj12

arbitration without the intervention of the court. With the passing of the Arbitration Act, 1940 Section 104(1)(f) was repealed and an order filing an. award is no longer appealable even though the award is made without the … the Civil Judge Sojat pronouncing judgment and granting decree according to the award under Section 17 of the Arbitration Act, 1940 on the ground that no notice as contemplated under Section 14(2) was given and they were consequently deprived … plaintiffs suit holding that the Delhi court alone had jurisdiction under Section 31(4) to go into the matter of the award, that application for filing

Ganjam Trading Co. Pvt. Ltd. Vs. Panther Investrade Ltd. and anr.

Court : Mumbai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 9; Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 - Sections 3, 3(2), 8, 9A and 9B; Arbitration Act, 1940- Sections 9A(1)

Reported in : 2003(1)BomCR330; [2004]119CompCas766(Bom)

in arbitration matters.--(1) The special court shall have the jurisdiction and powers of a court conferred under the Arbitration Act, 1940 (10 of 1940), to decide any question forming the subject matter or a reference relating to any matter … any difference. In my view it does not.15. A comparison of Section 31(4) of the Arbitration Act, 1940, with Section 42 of the Arbitration and … on Section 8 of the General Clauses Act, 1897, which reads as follows :'8 Construction of references to repealed enactments.--(1) Where this Act, or any Central Act or regulation made after the commencement of this Act, repeals

Deputy Manager (Engg.), Food Corporation of India, Engineering Divisio ...

Court : Andhra Pradesh

Subject : ArbitrationCivil

Acts : Arbitration Act, 1940 - Sections 30; Arbitration and Conciliation Act, 1996 - Sections 21, 34, 85 and 85(2); The Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961

Reported in : 2009(6)ALT186

which is thus:Section 85: Repeal and saving:(1) The Arbitration (Protocol and Convention) Act, 1937 (6 of 1937), the Arbitration Act, 1940 (10 of 1940) and the Foreign Awards (Recognition and Enforcement) Act, 1961 (45 of 1961) are hereby repealed.(2) … v. GMC Ice Cream (P) Ltd. : (2004) 7 SCC 288 (at paragraph No. 83 at page No. 319).23. In Thyssen's case (supra), the apex Court held that(a) provisions of the old Act (the 1940 Act) shall

Mahanagar Telephone Nigam Limited Vs. Unibros and ors.

Court : Delhi

Subject : Arbitration

Acts : Indian Arbitration Act, 1940 - Sections 14, 16(6), 17, 27, 30, 32, 33, 34, 34(2), 41 and 85(2); Arbitration and Conciliation Act, 1996; Foreign Awards (Recognition and Enforcement) Act, 1961; Contract Act - Sections 28; Code of Civil Procedure (CPC) - Sections 151 - Order 21, Rules 26 and 29

Reported in : 2003(2)ARBLR346(Delhi); 105(2003)DLT837; 2003(71)DRJ719; [2003]46SCL18(Delhi)

Vikramajit Sen, J.1. Parliament's resolve of interring the Arbitration Act, 1940 would be futile if the contention raised in this petition on behalf of the Mahanagar Telephone Nigam Ltd. … 'This petition has been preferred by the petitioner, M/s Uni Bros under Section 14 & 17 read with Section 27 of Arbitration Act, 1940 against … of the Mahanagar Telephone Nigam Ltd. (MTNL for short) is to be accepted. Further, the ghost of the repealed statute would have encountered only an unsuccessful exorcism despite the perspicuous judgment of the Apex Court in Thyssen … on 30.7.2001 by Unibros under the Arbitration and Conciliation Act, 1996. On 31.7.2001 Hon'ble J.D. Kapoor, J. took note of the statement of the counsel