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Bharti Televentures Ltd. Vs. Dss Enterprises Private Ltd. and ors.
Delhi
Aug-17-2005
Arbitration
Arbitration and Conciliation Act, 1996 - Sections 2, 2(1), 2(7), 5, 8, 8(1), 8(2), 9, 11, 16, 17, 28, 33, 34, 37, 44, 45, 48, 51, 53, 54, 59, 64, 70, 75 and 81; Arbitration Act, 1940 - Sections 14 and 34; Foreign Awards (Recognition and Enforcement) Act 1961 - Sections 9; Foreign Awards Act; Limitation Act; Factories Act; Bombay Shops and Establishments Act, 1948 - Sections 70; Delhi Rent Control Act - Sections 25B; Contract Act - Sections 230; Code of Civil Procedure (CPC) , 1908 - Sections 115 - Order 2, Rule 2 - Order 39; Constitution of India - Articles 21, 51 and 141; International Cricket Council Rules - Rules 72 and 100; International Cricket Council Regulations
2005(2)ARBLR561(Delhi); 123(2005)DLT532
observations. It must immediately be noted that in the NTPC case the Court had before it the repealed Arbitration Act, 1940 and Section 9(b) of the Foreign Awards (Recognition and Enforcement) Act 1961 (hereinafter referred to `FARE Act'), which … apply to an arbitration which takes place outside India there would be no necessity to specify that the rules are to apply 'where the place of arbitration is situate in India'. It has been held in the … Tribunal. It is through this dialectic that he has argued that Section 45 of the Arb. & Con. Act could not be resorted to; that
Tag this Judgment! AI Brief & AskD.D.A. Vs. Bhai Sardar Singh and Sons
Delhi
Apr-20-2004
Arbitration
Arbitration and Conciliation Act, 1996 - Sections 85(2); Arbitration Act, 1940 - Sections 20; Arbitration (Amendment) Act, 1996
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 … 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 being in force shall apply to the Arbitration proceedings under this
Tag this Judgment! AI Brief & Askinternational Security and Intelligence Agency Limited Vs. Municipal C ...
Delhi
Mar-05-2002
CivilArbitration
Code of Civil Procedure (CPC) , 1908 - Sections 151 - Order 6, Rule 15 and 15(2) - Order 20, Rule 6 - Order 21, Rules 11(1), 11(2) and 17(1A); Indian Arbitration Act, 1940 - Sections 20, 30, 31, 32 and 33
AIR2002Delhi347; 2002(2)ARBLR7(Delhi); 2002(63)DRJ38
inasmuch as the only application dismissed by the court was is 9207/97 (i.e. one under Section 30 of Arbitration Act, 1940) and not the is 818/2000 (application under Section 33 of the Arbitration Act, 1940). Application under Section 33 … the declaration of the arbitration agreement being non-existent was out of question. 45. The dispute arose out of the first agreement dated 7.6.89. The decree … the respondent-Judgment Debtor before this court. Vide order dated 17.1.2001, objections were dismissed and the award was made rule of the court, and the decree sheet was ordered to be drawn up accordingly. Pursuant to the decree,
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Renusagar Power Company Vs. General Electric Company
Mumbai
Oct-12-1989
ContractArbitration
Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 3, 5, 6, 6(2), 7, 7(1) and 8(1); Interest Act, 1978 - Sections 3 and 4; Arbitration Act, 1940 - Sections 34 and 35; Bombay High Court (Original Sode) Rules, 1980 - Rule 801; Code of Civil Procedure (CPC) , 1908 - Sections 9, 16, 17, 21, 30 and 120
1990(1)BomCR561; (1990)92BOMLR70
the decree is in excess of or not in accordance with the award.36. The provisions of the Indian Arbitration Act, 1940 which apply to arbitrations within the country are very different. Under section 14 of the Arbitration Act, when … under which he has held a foreign award dated 16th September, 1986 made in Paris under the arbitration rules of the International Chamber of Commerce as enforceable under the Foreign Awards (Recognition and Enforcement) Act, 1961. He … of Letters Patent--Expressions 'Judgement' and 'decree' in Section 6(2) of Central Act 45 of 1961--Connotations of--Word 'Judgement' in Clause 15 of Letters Patent--Meaning of--Purpose of
Tag this Judgment! AI Brief & AskVikrant Tyres Limited and anr. Vs. Techno Export Foreign Trade Company ...
Karnataka
Apr-15-2005
Arbitration
Arbitration Act, 1940 - Sections 5, 8, 9, 11, 16, 16(2), 16(3), 17, 34, 34(2) and 37(2); Arbitration and Conciliation Act, 1996 - Sections 9, 34, 34(2), 35, 36, 45, 44, 48, 18(1) and 50; Arbitration (Protocol and Convention) Act, 1937; Foreign Award (Recognition and Enforcement) Act, 1961 - Sections 3; Code of Civil Procedure (CPC) , 1908; Constitution of India - Article 370; United Nations Commission of International Trade Law
ILR2005KAR4738
designed to discourage Civil Court's intervention and intended to aid in favour of arbitration.20. The Arbitral Tribunal under Arbitration Act 1940 was not competent to decide its-jurisdiction and it was within the domain of the Civil Court to decide. … finally settled by the Arbitration Court of the Czechoslovak Chamber of Commerce and Industry in Prague under its Rules and in accordance with the Czechoslovak substantive law and both parties engage to execute forthwith its arbitral award.4. … as the awards based on New York Convention in Chapter I, Section 45 permits judicial intervention at pre-arbitration stage on certain conditions. Similarly Section 54
Tag this Judgment! AI Brief & AskDr. S. Dutt Vs. the Visitor of the University of Delhi and ors.
Punjab and Haryana
Mar-28-1963
Constitution
Delhi University Act, 1922 - Sections 7A(7) and 45; Constitution of India - Article 226; Code of Civil Procedure (CPC) , 1908 - Order 20, Rule 4
AIR1963P& H331
deemed to tie a submission to arbitration upon the terms of this section, within the meaning of the Arbitration Act, 1940, and all the provisions of that Act, with the exception of Section 2 thereof, shall apply accordingly'.if any … the award of the Arbitration Tribunal. In May 1954 the award, excepting small portion thereof, was made a rule of the Court. The matter having been taken in appeal was ultimately decided by a Bench of this … services of the petitioner were dispensed with. The petitioner applied under Section 45 of the Delhi University Act, 1922 (hereinafter to be referred to as
Tag this Judgment! AI Brief & AskUnion of India (Uoi) and anr. Vs. Madnani Construction Corporation (P. ... Overruled
Allahabad
Apr-29-2003
Arbitration
Arbitration Act, 1940 - Sections 2, 17, 20, 30 and 33
2004(1)ARBLR107(All); 2003(4)AWC2624
matters of the contract.3. The contractor filed an application on 18th August, 1987 under Section 20 of the Arbitration Act, 1940 (the Act) for appointment of an arbitrator. This application was transferred on 21st February, 1990, to the Court … three stages--while making reference to arbitration, in the course of arbitral proceedings and while making the award a rule of the Court.' (italics mine)24. In this case the Railways have raised objections at the time when application … Court in General Manager Northern Railways v. Sarvesh Chopra, (2002) 4 SCC 45 (the Sarvesh Chopra case) summed up the law (paragraph 17) as follows
Tag this Judgment! AI Brief & AskIndia Household and Healthcare Ltd. Vs. Lg Household and Healthcare Lt ...
Supreme Court of India
Mar-08-2007
Arbitration
Arbitration and Conciliation Act, 1996 - Sections 5, 8, 11, 11(5), 11(6), 16 and 45; Arbitration Act, 1940; Code of Civil Procedure (CPC) - Sections 10 and 151 - Order 39, Rule 2
AIR2007SC1376; 2007(1)ARBLR468(SC); 2007(2)AWC1442(SC); [2007]136CompCas621(SC); (2007)2CompLJ425(SC); JT2007(4)SC325; 2007(4)SCALE209; (2007)5SCC510; 2007(1)LC377(SC)
maintainable.8. There cannot be any doubt whatsoever that there exists a sharp distinction between the provisions of the Arbitration Act, 1940 and the 1996 Act. The philosophy of the 1996 Act is different. The 1996 Act is required to … of the 1996 Act contains a provision for approaching the court. Section 45 of the 1996 Act contains a non-obstante clause. A judicial authority, therefore, … 1996 Act is different. The 1996 Act is required to be read keeping in view the Uncitral Model Rules. [Pandey and Co. Builders Pvt. Ltd. v. State of Bihar and Anr. : AIR2007SC465 and Rashtriya Ispat Nigam
Tag this Judgment! AI Brief & AskNawab Usmanalikhan Vs. Sagarmal
Madhya Pradesh
Oct-10-1960
Arbitration
Code of Civil Procedure (CPC) , 1908 - Sections 26, 60(1), 86, 86(1), 87B and 141 - Order 23, Rule 3; Constitution of India - Articles 291 and 362; Registration Act, 1908 - Sections 17 and 49; Arbitration Act, 1940 - Sections 2, 13, 30 and 41
AIR1962MP320
against the order refusing to set aside the award. The appeal was preferred under Section 39 of the Arbitration Act. Appeal No. 82 of 1957 is directed against the order recording the compromise between the parties after the … (FB), Official Liquidators, Dehra Dun Musoorie Electric Tramway Co, Ltd. v. President, Council of Regency, Nabha State, AIR 1940 Lah 164, Arura Vir Singh v. Punjab Zamindara Bank, Ltd., AIR 1930 Cal 258, Provas Chandra v. Ashutosh … Rafiz Habib-Ul-Haq reported in 65 Ind App 182: AIR 1938 PC 165. 45. On the other hand contention raised on behalf of the decree-holder is … to issue process for attachment of the privy purse of the said Ruler. Since the questions raised in these appeals are either common or are
Tag this Judgment! AI Brief & AskShin-etsu Chemical Co. Ltd. Vs. Aksh Optifibre Ltd. and anr.
Supreme Court of India
Aug-12-2005
Arbitration
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
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. … the view that Section 45 does not require a final determinative finding by the Court. First, under the Rules of Arbitration of the International Chamber of Commerce (as in force with effect from 1.1.1998), as in the
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