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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. … 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 … Court of Appeal gives leave. (Amended 25 of 1998 Section 2)(4) (Repealed 64 of 1989 Section 15)'36. Courts under both Section 32 of the English

Shivnath Rai HarnaraIn (India) Co. Vs. Italgrani S.P.a

Court : Delhi

Subject : Arbitration

Acts : Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Sections 2; Arbitration Act, 1940 - Sections 33

Reported in : 1996(38)DRJ309

N.G. Nandi, J. (1) In this Petition under Section 33 of the Indian Arbitration Act, 1940 (hereinafter referred to as 'the Act'), the petitioner prays for a decree of declaration to the effect that … provide that 'all terms and conditions not in contradtion with the term set out above, as per Gafta Rules, 64,125 and its successive amendment (in force at the time and place of shipment date) which the parties

Namdeo S/O Maroti Gabhane Vs. Monabai (Smt.) W/O Laxman Jadhao and anr ...

Court : Mumbai

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 21, 23 and 47; Code of Civil Procedure (CPC) , 1908 - Order 23, Rule 3

Reported in : 1990(2)BomCR168; 1991(1)MhLj906

Mr. Shelat, the learned Advocate for the respondents invited my attention to Chapters II and III of the Arbitration Act, 1940 Chapter II speaks about the arbitration without intervention of a Court, whereas Chapter III speaks about the arbitration … hand, as the law stands, other methods-other than the remedy provided in sections 21 and 23 are not ruled out. It is permissible for the parties even during the pendency of the suit to resort to arbitration … to 6-4-1981. On this day, both the parties filed an application Ex. 64 stating therein that they want to settle the matter amicably. But as

Bharti Televentures Ltd. Vs. Dss Enterprises Private Ltd. and ors.

Court : Delhi

Subject : Arbitration

Acts : 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

Reported in : 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 … in taking the view that because of the non obstinate clause Section 64 read with Rule 100 itself would not apply to the respondents and

Dr. Ramesh C. Vaish and ors. Vs. Banwarilal Jaipuria and ors.

Court : Kolkata

Subject : Arbitration

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 2(2), 47, 96 and 104; ;Arbitration Act, 1940 - Sections 2 and 30

Reported in : 2000(1)ARBLR241(Cal)

jurisdiction under Section 34 of the Specific Relief Act and no such power having been conferred under the Arbitration Act, 1940, the arbitrator cannot make any declaratory award and, thus, award made by arbitrator should be treated to be … of the respondents 51, 52, 53, 56, 57, 59, 61, 62, 63, 64, 66 and 67 submits that his clients have nothing to do with … ground that the same being not a registered one was illegal and, thus, could not be made a rule of Court. In the said objection misconduct on the part of the Arbitrator had also been alleged. By

Banwari Lal Ram Deo Vs. the Board of Trustees

Court : Punjab and Haryana

Subject : Civil

Reported in : AIR1949P& H165

of trustees and the architects.10. On 31st August 1943, the Board put in an application under Section 33, Arbitration Act, for having it declared that this reference was invalid and unenforceable. A number of grounds were given by … the said College by the University of Delhi in what is called 'the University Town.' On 3rd May 1940, they requisitioned the services of Messrs. Master Sathe and Bhuta, a firm of architects, carrying on business in … Lahore in Hanuman Chamber of Commerce v. Jassaram Biranand A.I.R. 1948 Lah. 64, of which the judgment was written by my brother Mahajan who expressly … superior Courts and not, what Mahajan, J. has aptly called, intra-Court appeals Rule appeals within the same Court, as appeals] under the Letters Patent indisputably

Union of India Vs. D.K. Gupta of Sudhir Brothers

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 30

Reported in : 13(1977)DLT334; 1978RLR476

servants they have expressed views on all or any of the matters in dispute. (E) Subject as aforesaid, Arbitration Act, 1940, and the Rules there under and any statutory modification thereof shall apply to the arbitration proceedings under this … on all or any of the matters in dispute. (E) Subject as aforesaid, Arbitration Act, 1940, and the Rules there under and any statutory modification thereof shall apply to the arbitration proceedings under this clause. (5) Disputes … superseded the reference on the ground that the procedure prescribed by Article 64 of the General Conditions of Contract was 'not only cumbersome but wholly

Kusuma Constructions Vs. Union of India (Uoi), Rep. by the General Man ...

Court : Andhra Pradesh

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 11(5); Arbitration Act, 1940; Arbitration Rules

Reported in : 2002(4)ALT743

disputed claims between the parties to arbitration. Clause-64(3) (f) of the General Conditions of Contract reads:'Subject as aforesaid, Arbitration Act, 1940, and the Rules thereunder and any statutory modification thereof shall apply to the arbitration proceedings under this clause'.9. … to arbitration. Clause-64(3) (f) of the General Conditions of Contract reads:'Subject as aforesaid, Arbitration Act, 1940, and the Rules thereunder and any statutory modification thereof shall apply to the arbitration proceedings under this clause'.9. According to the

Rajeev Indravadan Modi and ors. Vs. Instance Laboratories Pvt. Ltd. an ...

Court : Gujarat

Subject : Intellectual Property Rights

Acts : Code of Civil Procedure (CPC), 1908 - Sections 115 - Order 6, Rule 1 - Order 7, Rule 6A - Order 8, Rule 6A and 6B - Order XXXIX; Patents Act, 1970 - Sections 64, 104, 105, 107, 108 and 116; Arbitration Act, 1940 - Sections 34

Reported in : (2001)3GLR2010

was held that the term 'taking any other steps in the proceedings' appearing in Section 34 of the Arbitration Act, 1940 does not include each and every step. At the stage where the defendant is contesting interlocutory orders or … of proviso to Section 104 of the Patents Act read with Section 64 of the said Act, the suit was required to be transferred to … it must be specifically stated so in the affidavit-in-reply, otherwise the counter-claim would not be in conformity with Rule 6B of Order 8 of the Code of Civil Procedure. Mr. Shelat submitted that this is an error

Lalchand Vs. Mahabir Prasad and anr.

Court : Rajasthan

Subject : PropertyArbitration

Acts : Arbitration Act, 1940 - Sections 31

Reported in : AIR1970Raj236; 1969()WLN413

v. Jaimni Das, AIR 1933 Lah 732 (2) is no longer applicable as it was given when the Arbitration Act, 1940 had not been enacted. The Code of Civil Procedure contained provisions relating to passing decrees on the basis … runs as follows:--'I thank you for your letter of the 6th Oct., 64 and I am very happy that you have kindly agreed to arbitrate … governed by the Code of Civil Procedure. Revenue suits are also governed by the same Code. Order 2, Rule 2, C. P. C. runs as follows:--'(1) Every suit shall include the whole of the claim which the