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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)

authority, an arbitration may be commenced or continued and an arbitral award made.'62. Under the Old Arbitration Act (Section 34 of Arbitration Act, 1940), court had discretion in the matter of grant of stay of legal proceedings where … 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 … invoking Section 3 of the Foreign Awards Act, which incidentally has been repealed by the Act.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

Smt. Kalpana Kothari Vs. Smt. Sudha Yadav and ors.

Court : Supreme Court of India

Subject : PropertyArbitration

Acts : Partnership Act - Sections 44; Arbitration Act, 1940 - Sections 8, 20 and 34; Code of Civil Procedure (CPC), 1908 - Order 40, Rule 1; Arbitration and Conciliation Act, 1996 - Sections 8, 8(1) and 8(3)

Reported in : AIR2002SC404; 2002(1)ALT30(SC); 2001(3)ARBLR487(SC); 2002(1)AWC115(SC); 2002(50)BLJR971; JT2001(9)SC337; 2001(7)SCALE560; (2002)1SCC203

M/s Parasnath Builders Pvt. Ltd. as well as Smt. Kalpana Kothari filed applications under Section 34 of the Arbitration Act, 1940, in the Trial Court, relying upon the arbitration clauses contained in the Partnership Deed dated 31.1.87 and the … they do no press their applications under Section 34 of the Arbitration Act, 1940, in view of the repeal of the 1940 Act and for their dismissal as not pressed and consequently, the same was allowed on

Rashtriya Ispat Nigam Limited and anr. Vs. Verma Transport Company

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 8, 20, 21 and 34; Arbitration Rules; Code of Civil Procedure (CPC) - Sections 94 and 151 - Order 39, Rules 1 and 2; ;Arbitration and Conciliation Act, 1996 - Sections 2, 7, 8, 8(1), 8(3), 16, 42, 45 and 54; ;Arbitration (Protocol and Convention) Act, 1937 - Sections 3; ;Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 3

Reported in : AIR2006SC2800; 2006(3)ARBLR210(SC); 2006(4)AWC4011(SC); JT2006(7)SC404; 2006(7)SCALE565; (2006)7SCC275; 2006(2)LC1118(SC)

whether the subject-matter of the dispute is covered by the arbitration agreement or not.13. Section 34 of the repealed 1940 Act employs the expression 'steps in the proceedings'. Only in terms of Section 21 of the 1940 … take into consideration that:(1) Section 8 of the 1996 Act cannot be equated with Section 34 of the Arbitration Act, 1940, (for short, 'the 1940 Act) having been made in terms of UNCITRAL Model Rules and having undergone a

Prime Century City Developments Pvt. Ltd. Vs. Ansal Buildwell Limited

Court : Delhi

Subject : Contract

Acts : Arbitration and Conciliation Act, 1996 - Sections 8, 8(1), 8(3) and 9; Companies Act - Sections 433, 434 and 439; Arbitration Act, 1940 - Sections 20, 34, 397 and 398; Code of Civil Procedure (CPC) - Order 37; Statutory Mediatorial Act; Specific Relief Act, 1963 - Sections 14

Reported in : 2003(2)ARBLR127(Delhi); 102(2003)DLT445; [2003]42SCL256(Delhi)

to arise out of or under the contract so as to be referred to arbitration, and since under Section 34 of the 1940 Act, only proceedings in respect of any matter agreed to be referred can be stayed, … could be co-related to the relief of the Company Petition. These observations were made in relation to the Arbitration Act 1940, the provisions of which are far less stringent than those of the Arbitration and Conciliation Act 1996, as … of the Arbitration Act, 1940, as not pressed in view of the repeal of the 1940 Act and coming into force of the 1996 Act

United India Insurance Co. Ltd. Vs. Shivalik Agro Chemical

Court : Punjab and Haryana

Subject : ArbitrationInsurance

Acts : Arbitration Act, 1940 - Sections 34

Reported in : (1996)114PLR268

Defendant-appellant has assailed lower Court's order dated September 21, 1993, whereby its petition filed underSection 34 of the Arbitration Act, 1940 (in short, the Act) was dismissed.2. Brief facts of the case are that the plaintiff is manufacturer of … on the defendant. His last contention is that Arbitration Act is now repealed by Ordinance which is published in the Gazette of India on January … Rs. 36,40,350/- against the defendant.3. Defendant-appellant received the notice of the suit and immediately filed a petition under Section 34 of the Act praying that in view of condition No. 13 of the insurance policy, the suit be

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

Vasudeo Wadiraj Rao Vs. Hotel Padma and ors.

Court : Mumbai

Subject : Arbitration

Reported in : (2000)102BOMLR138

of partnership dated 7.4.1992 provided for referring the dispute for arbitration in accordance with the provisions of the Arbitration Act, 1940 (hereinafter referred to as the Act, 1940) to two Arbitrators one chosen by each.6. The learned Counsel for … the application was not maintainable. He submitted that Act of 1940 is repealed in view of Section 85 of the Act, 1996 and hence the … no reference.7. It is first necessary to note that Section 8 of Act, 1996, which corresponds to the Section 34 of the Act, 1940, has brought about various changes. I do not propose to compare these two sections

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 … Dharmadhikari S.C., J. 1. This petition is filed under Section 34 of the Arbitration and Conciliation Act, 1996 (for short 1996 Act) to challenge an award dated 21st October,

Bimla Rani Gupta Vs. S.R. Sachdeva

Court : Delhi

Subject : TenancyArbitration

Acts : Arbitration Act, 1940 - Sections 34; Arbitration and Conciliation Act, 1996 - Sections 8

Reported in : 2000IIIAD(Delhi)637; 84(2000)DLT171; 2000(53)DRJ388

was presented in March, 1996. The respondent filed an application, purporting to be under Section 34 of the Arbitration Act, 1940, stating that there was a Rent Agreement between the petitioner and the respondent on the 3rd of November, … Arbitration Act, 1940 was not competent as on the, date of the application, the Arbitration Act, 1940 stood repealed by Arbitration & Conciliation Act, 1996. The learned counsel submitted that the right of the land lord to

Hatti Gold Mines Company Limited Vs. Khaleel Ahmed Dakhani

Court : Karnataka

Subject : Arbitration

Acts : Arbitration and Concilliation Act, 1996 - Sections 34, 36 and 37(1); Code of Civil Procedure (CPC), 1908 - Sections 2, 9, 15, 16, 17, 18, 19, 20, 115 and 148-A - Order 21, Rule 43 - Order 7, Rule 10; Companies Act, 1956; Arbitration and Conciliation Act, 1996 - Sections 11; Arbitration Act, 1940; Karnataka Civil Courts Act - Sections 14; U.P. Zamindari Abolition and Land Reforms Act

Reported in : ILR1999KAR4525; 2000(5)KarLJ557

original decree of the Court passing the order. Section 2(e) of the Act defines what the 'Court' is. Arbitration Act, 1940 was repealed by Act 1996. In the earlier Act, expression 'Court' was defined in Section 2(c) of the … 3. Aggrieved by the said award, judgment-debtor filed an application before the Principal City Civil Judge, Bangalore under Section 34 of the Act in Ar. Case 39 of 1998. Decree-holder appeared in Court and resisted the petition. It