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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. … invoking Section 3 of the Foreign Awards Act, which incidentally has been repealed by the Act.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 … not be an enforceable award, there is no need to take recourse to the judicial intercession available under Section 48(1)(a) of the Act.14. The finding of the court that the arbitration agreement is valid, operative and enforceable, if

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 Now the Arbitration Act 1940 has been repealed.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 challenging a domestic award under Section 34 of the 1996 Act. In other words, he submits that Section 48 and more particularly Section 48(1)(e) read with other substantive provisions makes it abundantly clear that although it is

Amar Nath and ors. Vs. Mul Raj (Deceased) Represented by His Legal Rep ...

Court : Punjab and Haryana

Subject : Limitation

Acts : Limitation Act, 1963 - Sections 5, 28 and 31; Code of Civil Procedure (CPC) , 1908 - Sections 48, 48(1), 151 and 152 - Order 20, Rule 7 - Order 22, Rules 4 and 11; Arbitration Act - Sections 39(1)

Reported in : AIR1975P& H246

March 20, 1950. The respondents, who were defendants in the suit, filed objections under Section 30 of the Arbitration Act, 1940, for setting aside the award. The said objections were rejected and the award was made the rule of … Rs. 12, 435/- on ... July 13, 1961.Execution application was filedon ... January 21, 1966.14. Sub-section (1) of Section 48 of the Code, which governed the case and has now been repealed by Section 28 of the Limitation

Thyssen Stahlunion Gmbh Vs. Steel Authority of India Ltd.

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration And Conciliation Act, 1996 - Sections 10, 11(4), 21, 42, 48 and 85; Arbitration Act, 1940 - Sections 13, 14, 17, 27, 30 and 39; Foreign Awards(Recognition and Enforcement) Act, 1961 - Sections 7 and 8; General Clauses Act, 1897 - Sections 3(19) and 6; Arbitration(Protocol and Convention) Act, 1937 - Sections 9 and 32; Crown Lands Act, 1884; Crown Lands Act, 1861; Delhi Rent Control Act - Sections 3; Transfer of Property Act; Defence of India Act, 1939 - Sections 19(1); Madhya Pradesh Municipal Corporation Act, 1956 - Sections 4, 132(1) and 135; M.P. Municipalities Act, 1961; Agricultural Holdings Act, 1914; Agricultural Holdings Act, 1908 - Sections 11; Customs Act, 1962 - Sections 129-C; Presidency Small Cause Courts Act, 1882; Income Tax Act, 1922; Income Tax Act, 1

Reported in : AIR1999SC3923; [2000]99CompCas383(SC); JT1999(8)SC66; 1999(6)SCALE441; (1999)9SCC334; [1999]Supp3SCR461

contains repeal and saving provision of the three Acts, namely, the Arbitration (Protocol and Convention) Act, 1937, the Arbitration Act, 1940 (the 'old Act' for short) the Foreign Awards (Recognition and Enforcement) Act, 1961 (the 'Foreign Awards Act' for … Act treated this as unreasonable disturbance to the tenant entitling him to compensation, the latter Act of 1914 repealed Section 11. The Court held that in spite of the repeal of Section 11 tenant had acquired right to … the arbitration.5. Section 85 of the new Act provides for a limited repeal. This Section be contrasted with Section 48 of the old Act, which is as under:48. Saving for pending references. - The provisions of this Act

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 order refusing to--(a) refer the parties to arbitration under section 45; (b) enforce a foreign award under section 48, to the court authorised by law to hear appeals from such order. (2) No second appeal shall lie

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 … that section 50(1)(b) provides for an appeal only against an order refusing to enforce a foreign award under section 48. 59. There can be no doubt that under section 6, except on the very limited ground, no appeal

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 … Corpn. [Union of India v. McDonnell Douglas Corpn., (1993) 2 Lloyd's Rep 48]. and Naviera Amazonica Peruana S.A. v. Compania International de Seguros del Peru

Moolchand Exports (P)ltd., (In Liquidation), Rep. by Official Liquidat ...

Court : Chennai

Subject : Arbitration

Acts : Foreign Awards (Recognition and Enforcement Act), 1973; The Arbitration (Protocol and Convention) Act, 1937 - Sections 85, 85(1) and 85(2); The Arbitration Act, 1940; The Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 6 and 7; Arbitration and Conciliation Act, 1996 - Sections 46, 47, 48, 49 and 86; The Arbitration and Conciliation (Third) Ordinance, 1996

Reported in : 2004(3)ARBLR564(Madras); [2006]131CompCas194(Mad); 2004(4)CTC690; (2004)4MLJ182

Conciliation Act, which reads as follows:-'Section 85(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.Section … was not enforceable on the first respondent and allowed the petition, having satisfied with the conditions prescribed under Section 48 of the Arbitration and Conciliation Act, 1996. Against the said order, the appellant has preferred the above appeal.5.1.

D.D.A. Vs. Bhai Sardar Singh and Sons

Court : Delhi

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 85(2); Arbitration Act, 1940 - Sections 20; Arbitration (Amendment) Act, 1996

Reported in : 2004(3)ARBLR465(Delhi); 115(2004)DLT415

(Clause 25) of the contract agreement which amongst other things provided :'Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or any re-enactment thereof and the rules made there under and for the time … 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 … to the Arbitration proceedings under this clause.'3. Respondent then filed petition under Section 20 of the old Arbitration Act for appointment of an Arbitrator way

Kotah Transport Ltd. Vs. State of Rajasthan

Court : Rajasthan

Subject : Company

Acts : Motor Vehicles Act, 1939; Companies Act, 1956 - Sections 155; Indian Limitation Act, 1908 - Schedule - Article 181; Code of Civil Procedure (CPC) ; Indian Arbitration Act

Reported in : [1967]37CompCas288(Raj)

also applied to applications relating to matters contained in the Second Schedule of the Civil Procedure Code. The Arbitration Act of 1940 repealed the Arbitration Act of 1899 and the provisions contained in the Second Schedule of the … for which no period of limitation was provided elsewhere in the Schedule of the Limitation Act or by Section 48 of the Code of Civil Procedure, 1908, that the ambit of this article was not confined to applications