Advanced Search Results

Jet Airways (India) Limited, a Co. and ors Vs. Mr. Subrata Roy Sahara, ...

Court : Mumbai

Subject : Arbitration and Conciliation

Acts : Arbitration and Conciliation Act, 1996 - Section 9, 36, 37, 49, 50, 16, 17, 46, 47 and 48, 19, 41; Income Tax Act, 1961 - Section 156; Code Of Civil Procedure 1908 - Section 47, 104 (1), 115, 2(2), 104, 47 rw Order 21; Arbitration Act, 1940 - Section 49, 39; Maharashtra Act 17 of 1986 - Section 3; Presidency Towns Insolvency Act, 1909 - Section 9(2); SICA Act - Section 22; Specific Relief Act, 1877 - Section 9

Conciliation Act, 1996 (1996 Act), Letters Patent of the High Court, Bombay, Code of Civil Procedure, 1908, and Arbitration Act 1940 (the 1940 Act). A. PROVISIONS OF ARBITRATION AND CONCILIATION ACT, 1996 : (a) Section 2(e) defines the word … 49 of the said Act (Act No. 10 of 1940) inter alia repealed sub-clauses (a) to (f) of Section 104 (1) of the Code. The … decide whether the impugned order passed by the Learned Single Judge is an order passed in proceedings under section 36 of the Arbitration and Conciliation Act, 1996 or an order passed in proceedings under the Code of Civil

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 … conditions required to be fulfilled for invoking Section 3 of the Foreign Awards Act, which incidentally has been repealed by the Act.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 … for what may seem to follow logically from it.' Ibid. at p. 363 (paras 10 and 11), per Chinnappa Reddy, J. Similar observations were also

Oil and Natural Gas Corpn. Ltd. Vs. Jindal Drilling and Industries Ltd ...

Court : Mumbai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 34, 36, 37(1) and 85; Bombay Court-fees Act, 1959 - Schedule - Articles 1, 3 and 13; Bombay General Clauses Act, 1897 - Sections 8, 8(1) and 9; Arbitration Act, 1940; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961; Code of Civil Procedure (CPC) , 1908 - Sections 149; United Nations Commission on International Trade Law Conciliation Rules, 1980

Reported in : 2008(6)BomCR546

3 of the Schedule I of the B.C.F. Act excludes from its applicability the award passed under the Arbitration Act, 1940, hereinafter called as 'the Old Act', and further that after enactment of the New Act, which came into … in any other enactment or in any instrument to the provisions so repealed shall, unless a different intention appears, be construed as references to the … a party (Sri R.M.S. Khandeparkar, J.), in Gouardhani's case (supra) had clearly held that the appeals preferred under Section 36 of the New Act should bear the Court fee in terms of Article 3 of the Schedule I

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. … (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 … recorded that 'since the award was pronounced on 29.12.2000 it has to be enforced as a decree under Section 36, as the Objections under Section 34 of the Act are not filed within three months. Let warrants of

Shri Shankaranarayana Construction Company Vs. State of M.P. and ors.

Court : Madhya Pradesh

Subject : Arbitration

Reported in : AIR2008MP5; 2008(1)ARBLR296(MP); 2007(4)MPHT444; 2008(1)MPLJ78; AIR2008MP5; 2008(1)AIRKarR319(FB); 2008AIHC390(MP)(FB

in which it was held that the 1983 Adhiniyam being a later Special Act would prevail over the Arbitration Act, 1940, as provided in Article 254(2) of the Constitution. The Division Bench however was of the prima facie view … Constitution making a prayer to the Court to declare that the provisions of the 1983 Adhiniyam were impliedly repealed by the 1996 Act and to declare the provisions of the 1983 Adhiniyam to the extent irreconcilable with … Tribunal constituted under the 1983 Adhiniyam, the petitioner filed the M.C.C. under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short 'the 1996 … Supreme Court has held that Section 2 of the Bombay Act No. XXXVI of 1947 cannot prevail as against Section 7 of the Essential Supplies

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, … Such an award is binding not only on the parties but also on persons claiming under them respectively. Section 36 of the 1996 Act reads as under: "Enforcement.- Where the time for making an application to set aside

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 … period provided for challenging the same is over, and in case it is challenged, after the challenge fails (Section 36). Whereas in so far as the foreign award is concerned, it is not enforceable in India unless the

West Bengal Power Development Corporation Ltd. Vs. Dongfang Electric C ...

Court : Kolkata

Subject : Arbitration

case, namely, that the arbitration reference commenced before coming into force of the 1996 Act repealing the 1940 Arbitration Act. The setting aside application was made after the 1996 Act came into force. The Supreme Court held that … the arbitration reference commenced before coming into force of the 1996 Act repealing the 1940 Arbitration Act. The setting aside application was made after the … the applicant. He would have to obtain a formal stay of the award from the court. The amended Section 36 specifically states that in considering the question of grant of stay the court has to take into account

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 … be treated as a domestic award, an anomalous situation would arise insofar as it would be enforceable under Section 36 on the one hand and being properly a 'foreign award' within the definition of Section 44, its enforcement

Board of Control for Cricket in India Vs. Kochi Cricket Pvt Ltd and Et ...

Court : Supreme Court of India

Subject : Arbitration

laid down in the original Section 34 of the 1996 Act, when contrasted with Section 30 of the Arbitration Act, 1940. According to the learned senior counsel, party autonomy must be respected, and this being the position, parties who … the 1996 Act, as expounded in Thyssen (supra), was because Section 85 repealed three enactments together, and not because it sought to refer to Court … after the Amendment Act came into force. The question with which we are confronted is as to whether Section 36, which was substituted by the Amendment Act, would apply in its amended form or in its original form