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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 … ARBITRATION (E. Gaillard and J. Savage, eds. 1999) at p. 409 (para 675).30. As far as the U.S. jurisdiction is concerned, the statute there, which

Shiv Singh Amar Singh vs.ntpc Ltd

Court : Delhi

Subject : Arbitration

and the Amending Act do not apply to the Arbitral Award and the same is governed by the Arbitration Act, 1940 O.M.P.(ENF.) (COMM) No.67/2018 Page 1 (hereinafter referred to as the ‘1940 Act’). Counsel for the respondent submits that … the provisions of the 1940 Act and therefore, the Award is not enforceable till it is made a rule of the Court in accordance with Section 17 of the 1940 Act. He further contends that even after

Extrusion Processes Pvt. Ltd. Vs. Kashibhai S. Patel

Court : Mumbai

Subject : Arbitration

Reported in : (1976)78BOMLR661

is not signed by all the parties, is concerned, even a cursory perusal of Section 2(a) of the Arbitration Act, 1940 (hereinafter referred to as 'the Act') leaves no room for doubt that all that is required by law … case of Musammat Har Naraini Kunwar v. Sajjan Pal Singh (1940) L.R. 67 I.A. 386 : 43 Bom. L.R. 141 in which a Hindu widow … obtain the leave of the Bombay City Civil Court in Suit No. 5 of 1964 under Order XXXII, Rule 7 of the Code of Civil Procedure. In support of that contention, Mr. Bliatt relied on the decision

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 … 51, 52, 53, 56, 57, 59, 61, 62, 63, 64, 66 and 67 submits that his clients have nothing to do with the application for … 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

Y. Bhaskara Raju Vs. Union of India (Uoi) and ors.

Court : Andhra Pradesh

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 7, 8D(1), 11(6), 11(8), 23(1), 23(3) and 24; Indian Contract Act - Sections 74; Arbitration Act, 1940 - Sections 20; Limitation Act, 1963 - Schedule - Article 137; Income Tax Act, 1922 - Sections 67; Sale of Goods Act; Code of Civil Procedure (CPC) - Order 2, Rule 2; Andhra Pradesh Minor Mineral Concession Rules, 1966; Constitution of India - Article 226

Reported in : 2008(1)ALD612; 2008(3)ALT370

v. Gaur Harisinghania 2006 (3) SCJ 511, wherein the Apex Court, while dealing with Section 20 of the Arbitration Act, 1940 and Article 137 of the Limitation Act, 1963 observed that it is now well settled that Article 137 … nullity like an order of a Court lacking jurisdiction and that Section 67 of the Income-tax Act, 1922 operated as a bar to the maintainability … by limitation also cannot be sustained. Learned Counsel also would further contend that the principle underlying Order II Rule 2 of the Code of Civil Procedure, also cannot be applied in a matter of this nature. Learned

Akash Gupta Vs. Frankfinn Institute of Air Hostess Training and anr.

Court : Delhi

Subject : Civil

Acts : Delhi High Court Act, 1966 - Sections 7 and 10; Code of Civil Procedure (CPC) - Sections 52, 73, 104, 122 and 129 - Order 5, Rules 17, 19, 19A and 30 - Order 6, Rule 5 - Order 7, Rule 17 - Order 13, Rule 9 - Order 16 - Order 21, Rules 7, 11(3), 14, 17, 24, 25, 34, 50(2), 66 and 67 - Order 22 - Order 27, Rule 7 - Order 30, Rules 1 and 2 - Order 33, Rule 9 - Order 43, Rule 1; Arbitration Act, 1940 - Sections 37 and 39; Arbitration and Conciliation Act, 1996 - Sections 11(6); Delhi High Court (Original Side) Rules, 1967 - Rules 3, 4 and 19

Reported in : AIR2006Delhi325; 127(2006)DLT188; 2006(88)DRJ31

the case of the East India Hotel Ltd. and Vidyawati Construction Company (Supra) all relate to cases under Arbitration Act, 1940 or Arbitration and Conciliation Act, 1996. Both these Arbitration Acts are comprehensive enactments relating to Arbitration and also … the issue of proclamations of sale under Rule 66, and for direction as to the publication thereof under Rule 67 of Order XXI of the Code;(25)xxx xxxx xxx(26) Applications for special directions to the Office concerned as to

Sjvn Limited vs.jaiprakash Hyundai Consortium (Jhc)

Court : Delhi

Subject : Arbitration

by the President of the International Chamber of Commerce. The arbitration shall be conducted the provisions of Indian Arbitration Act, 1940 or any statutory amendments thereof or at the Contractor‟s option, in accordance with the Rules or procedure for … MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J (Oral) I.A. 1784/2018 1. Present application has been filed under Order VII Rule 11 CPC read with Sections 5, 34(1), 35 & 36 of the Arbitration and Conciliation Act, 1996 for … counsel for the applicant/defendant states that in accordance with the modified Clause 67 of the General Conditions of Contract (for short “GCC”) read with Tripartite

Continental Construction Ltd. and anr. Vs. Satluj Jal Vidyut Nigam Ltd ...

Court : Delhi

Subject : CompanyContract

Acts : Arbitration and Conciliation Act, 1996 - Sections 9 and 42; ;Companies Act, 1956; ;Arbitration Act, 1940

Reported in : 2006(1)ARBLR321(Delhi)

the International Chamber of Commerce. The arbitration shall be conducted in accordance with the provisions of the Indian Arbitration Act, 1940 or any statutory amendments thereof or at the Contractor's option, in accordance with the rules of procedure for … reference of the disputes to Disputes Resolution Process contained in modified Clause 67 of the General Conditions of the Contract (for short 'GCC'). According to … only leads to one aspect, does the present case fall in any of the exceptions to the general rule of non-granting of ad-interim injunction restraining encashment of bank guarantees. Learned counsel appearing for the petitioner has submitted

Santhanam and Another Vs. R. Chandravelu and the Tamil Nadu Housing Bo ...

Court : Chennai

Subject : Arbitration

Acts : Arbitration Act, 1940 -- Sections 14(2) 29 and 30

Reported in : 1999(1)CTC518

entered into between the parties. Learned Arbitrator has filed 3 different. Original Petitions under Section 14(2) of the Arbitration Act, 1940 for receiving the award and to pass a decree in terms of the said award. Aggrieved by the … of the Arbitration Act are in respect of agreement No. WBCR / 82 of 86 - 87.(ii) O.P.No. 67 of 1995 filed by the Arbitrator and O.P.No.886 of 1995 filed by the Tamil Nadu Housing Board are

Forasol Vs. Oil and Natural Gas Commission

Court : Supreme Court of India

Subject : Commercial

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 15, 151 and 152 - Order 21, Rules 11, 11(2) and 68; Limitation Act, 1963 - Schedule - Article 119; Foreign Exchange Regulation Act, 1973; Arbitration Act, 1940 - Sections 17; ;Constitution of India

Reported in : AIR1984SC241; [1986]60CompCas286(SC); 1983(2)SCALE1110; 1984Supp(1)SCC263; [1984]1SCR526; 1984(16)LC17(SC)

no difference between the relevant provisions of the English Arbitration Act; 1950 (14 Geo 6, c.27), and our Arbitration Act, 1940 (X of 1940), particularly section 26(1) of the English Act and section 17 of our Act. For reasons … estimates of the payments to be made to Forasol in French Francs under the said contract, the invoicing rules and the mode of payment. Articles X-2, X-3 and. X-4 of the said contract set out such estimates,