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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)

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. … arises for determination. The core issue in this case is: Whether the finding of the court made under Section 45 of the Indian Arbitration and Conciliation Act 1996 ('the Act') that the arbitration agreement, falling within the definition … invoking Section 3 of the Foreign Awards Act, which incidentally has been repealed by the Act.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

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 The Arbitration and Conciliation Act, 1996 that has repealed the Arbitration Act, 1940 and also the Acts of 1937 and 1961, … arising in this batch of cases, though not under the 1996 Act but under the provisions of the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. … the petitioner and allowed the application filed by defendant nos.3-5 referring the parties to arbitration in terms of section 45 of the 1996 Act. The petitioner's appeal before the division bench was dismissed as not maintainable. The SLP

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 … while considering the present controversy. Both sides do not dispute before me that the award is foreign award.27. Section 45 of the 1996 Act opens with a non obstante clause which overrides what is contained in Part I

Continental Construction Ltd. Vs. Chief Engineer (Construction) N.E. R ...

Court : Delhi

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 11(6), 21 and 85; Code of Civil Procedure (CPC), 1908 - Sections 80; Arbitration Act, 1940; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961

Reported in : 96(2002)DLT893

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 which commenced … of the Act are not attracted. It is alleged that the matter could only be governed under the Arbitration Act, 1940.4. During the course of submissions, it was these two preliminary objections, raised on behalf of the respondent which … Continental Construction Limited (hereinafter described as 'the Applicant') invoking Sub-section (6) of Section 11 of the Arbitration and Conciliation Act, 1996 (for short 'the Act').2.

Bhai Sardar Singh and Sons. Vs. Delhi Development Authority

Court : Delhi

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 16, 17, 21, 28 to 33, 34, 36 and 85(2); Arbitration Act, 1940; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961

Reported in : 2002(61)DRJ767

it was contended that the objections necessarily must be gone into because the arbitrator was appointed under the Arbitration Act, 1940 and in any case according to the learned counsel for the Delhi Development Authority it is the court … made on 10th February, 1992. By the time the award had been pronounced the said Act has been repealed and the Arbitration and Conciliation Act, 1996 had come into force. Section 85 of the Arbitration and Conciliation

Housing and Urban Development Corporation Vs. Dsa Engineers (Bombay) a ...

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 14, 30 and 32; Arbitration (Amendment) Act, 1996 - Sections 4, 10 and 34; Arbitration (Amendment) Act, 1985 - Sections 85, 85(1) and 85(2); Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961; Contract Act - Sections 28; Arbitration and Conciliation Act, 1996 - Sections 7

Reported in : 95(2002)DLT656

J.D. Kapoor, J.1. This petition under Section 14 of the Arbitration Act, 1940 for filing of the award dated 30.6.2001 has been thrown up interesting question of law - whether the … 1940 (10 of 1940) and the Foreign Awards (Recognition and Enforcement) Act, 1961 (45 of 1961) are hereby repealed.(2) Notwithstanding such appeal:-(a) the provisions of the said enactments shall apply in relation to arbitral proceedings which commenced

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 … but nothing in this section shall affect or take away any right to appeal to the Supreme Court. Section 45 45. Power of judicial authority to refer parties to arbitration. Notwithstanding anything contained in Part I or in … 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

Delhi Airport Metro Exptress Private Limited (India) vs.construcciones ...

Court : Delhi

Subject : Arbitration

the Supreme Court in National Thermal Power Corporation vs. Singer Company(supra). That was a case pertaining to the Arbitration Act, 1940 and the Foreign Awards (Recognition and Enforcement) Act, 1961. In that case the Agreement between the parties provided … situation and led to the doctrine of concurrent jurisdiction, the 1996 Act, while enacting Section 9(a) of the repealed Foreign Awards Act, 1961, in Section 51 thereof, was careful enough to omit Section 9(b) of the 1961

M.G.F. (India) Ltd. Vs. Sh. Rajinder Singhal and anr.

Court : Delhi

Subject : ArbitrationTenancy

Acts : Arbitration Act, 1940 - Sections 20; Arbitration and Conciliation Act, 1996 - Sections 21 and 85

Reported in : 2003VIAD(Delhi)160; 2003(3)ARBLR162(Delhi); 106(2003)DLT422; 2003(70)DRJ439; 2003(3)RAJ414

of the petition, it is stated in the reply that since the Indian Arbitration Act, 1940 has been repealed by Section 85 of the Ordinance and is no longer part of the statute and thereforee no petition … H.R. Malhotra, J. 1. This is a petition under Section 20 of the Arbitration Act 1940 seeking reference of disputes to the Arbitrator as named in the Lease Agreement dated 11th December,1991. The facts

M.N. Babu Vs. the Secretary

Court : Kerala

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 20; Arbitration and Conciliation Act, 1996 - Sections 16(2), 18, 19(3), 21, 22(3), 23(3), 31(5), 32, 34, 85 and 85(2); Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement Act), 1961

Reported in : 2009(2)KLJ451

award holder filed a suit, O.S. No. 156/95 before the Sub Court, Ernakulam under Section 20 of the Arbitration Act, 1940. The suit was decreed on 21/7/1999. By the said decree the Sub Court appointed Sri Babu Thomas. K. … 1940 (X of 1940) and the Foreign Awards (Recognition and Enforcement Act), 1961 (XLV of 1961) are hereby repealed.(2) Notwithstanding such repeal,-(a) the provisions of the said enactment shall apply in relation to arbitral proceedings which commenced