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Fuerst Day Lawson Ltd. Vs. M/S. Jindal Exports Ltd.
Delhi
Feb-19-1999
Arbitration
Arbitration and Conciliation Act, 1996 - Sections 21, 46, 47, 48, 49 and 85; Arbitration Act, 1940; FARE Act, 1961
1999IIAD(Delhi)265
Conciliation Act, 1996 which repealed FARE Act also.THE FOREIGN AWARDS (RECOGNITION & THE ARBITRATION & CONCILIATIONENFORCEMENT) ACT, 1961. ACT, 1996. CHAPTER 1 NEW YORK CONVENTION AWARDS2. Definition.- In this Act, 44. Definition.- In this Chapter,unless the context otherwise unless the … Foreign Awards Recognition and Enforcement Act, 1961 (hereinafter referred to as the FARE Act) and not by the Arbitration and Conciliation Act, 1996. In support of his contention the learned counsel submitted that the request for arbitration was received by the
Tag this Judgment! AI Brief & AskVenture Global Engineering Company Vs. Satyam Computer Services Ltd. a ...
Andhra Pradesh
Feb-27-2007
Arbitration
Foreign Exchange Management Act, 1999; Arbitration and Conciliation Act, 1996 - Sections 2(2), 33, 34, 34(2), 36, 44, 46, 48, 48(1), 48(2), 75 and 81; Code of Civil Procedure (CPC) , 1908 - Sections 9 and 151 - Order 7, Rules 9 and 11; Foreign Exchange Management Regulations
2007(3)ALD433; 2007(3)ALT471; 2007(3)ARBLR150(AP); [2007]138CompCas779(AP)
Foreign Arbitral awards, then the New York Convention Awards, which are incorporated in Chapter-1 of Part-II of the Arbitration and Conciliation Act, 1996 (for brevity 'the Act, 1996') will be applicable and that the Award is a Foreign Award within the
Tag this Judgment! AI Brief & Askinternational Investor Kcsc Vs. Sanghi Polyesters Ltd.
Andhra Pradesh
Sep-09-2002
Arbitration
Arbitration and Conciliation Act, 1996 - Sections 31(7), 44, 48 and 48(1); Code of Civil Procedure (CPC) - Order 21, Rule 41
2003(1)ALT364; [2003]43SCL271(AP)
noticed, the impugned order was passed in O.P. No. 437 of 2000 filed under Part II of the Arbitration and Conciliation Act, 1996. Chapter I of Part II of the said Act deals with the New York Convention Awards and Chapter II … ORDERJ. Chelameswar, J. 1. These two civil revision petitions under Article 227 of the Constitution of India are filed challenging the order
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inventa Fischer Gmbh and Co. Vs. Polygenta Technologies Ltd.
Mumbai
Apr-23-2004
Arbitration
Arbitration and Conciliation Act, 1996 - Sections 34, 44 and 48(1); International Cricket Council Rules; Constitution of India - Article 141
2005(2)ARBLR125(Bom); 2005(2)BomCR364
Dharmadhikari S.C., J. 1. This petition is filed under Section 34 of the Arbitration and Conciliation Act, 1996 (for short 1996 Act) to challenge an award dated 21st October, 2003 passed by International Court of Arbitration … conciliation. He invites my attention to Section 1 of the Act. He invites my attention to Part I, Chapter 1 containing general Provisions. Shri Dave relies upon definition of the terms 'Arbitration', 'Arbitration Agreement', 'Arbitral Tribunal', 'Court' and
Tag this Judgment! AI Brief & AskMarwadi Shares and Finance Pvt. Ltd. Company Vs. Kishorkumar Nagjibhai ...
Gujarat
Nov-12-2008
Civil
Code of Civil Procedure (CPC) , 1908 - Sections 9 - Order 7, Rule 11; Arbitration and Conciliation Act, 1996 - Sections 5, 8, 34, 42 and 142; Securities Contracts (Regulation) Act, 1956; Constitution of India - Article 227; Bombay National Exchange Regulations - Regulations 3(5)(1) and 3(5)(2)
(2009)2GLR938
petitioners-original defendants submitted application under Order 7, Rule 11(d) of the C.P.C. read with Section 142 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act of 1996') to reject the respective plaints submitting that the petitioner-original defendant … interesting question of law posed for the consideration of this Court is whether in view of bye-laws in Chapter XI of National Stock Exchange of India Limited, whether the jurisdiction of civil suit is barred or the … said application submitted by the petitioner-original defendant submitted under Order 7, Rule 11(d) of the Code of Civil Procedure which was submitted to dismiss the
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
is decreed in the terms indicated above with costs. CRP 2703/03 is dismissed. CRP 2624/03 is allowed. (A) ARBITRATION AND CONCILIATION ACT, 1996 - SECTION 45-JUDICIAL REMEDY UNDER-HELD-The Judicial Remedy Under Section 45 pertains to pre-arbitral stage-A party to an international … Convention) Act 1937, the Foreign Award (Recognition and Enforcement) Act, 1961 which governed international Arbitration awards. Apparently the Chapters I to VIII of the UNCITRAL is the replica of Chapter I to VIII of Part I of … K. Sreedhar Rao, J.1. RFA 152/2000, CRP 2703/2003 and CRP 2624/2003 relates to same subject matter of dispute
Tag this Judgment! AI Brief & AskNaval Gent Maritime Limited Vs. Shivnath Rai HarnaraIn (i) Ltd.
Delhi
Sep-17-2009
Arbitration
Arbitration and Conciliation Act, 1996 - Sections 34, 44, 46, 47, 48, 48(1), 48(2), 48(3) and 66; Arbitration Act, 1940 - Sections 17; Registration Act - Sections 17(1) and 17(2); Foreign Awards Act; Indian Stamp Act; Code of Civil Procedure (CPC) - Sections 44A
174(2009)DLT391
J.1. The Execution Petitioner/Decree Holder filed this petition/application for enforcement of foreign award dated 22.1.2001 under Part II Chapter I of the Arbitration & Conciliation Act, 1996. Along with the petition, the petitioner has filed a certified … sought the award would not be a binding award. Reliance was placed also on Section 48(1)(e) of the Arbitration and Conciliation Act, 1996 (India) which reads as under:48. Conditions for enforcement of foreign awards--(1) Enforcement of a foreign award may be
Tag this Judgment! AI Brief & AskNew India Assurance Co. Ltd. Vs. Hanjer Fibers Ltd.
Gujarat
Apr-08-2003
Arbitration
Arbitration and Conciliation Act, 1996 - Sections 11, 16, 16(1) and 34; Constitution of India - Article 226
AIR2003Guj311; 2003(2)ARBLR588(Gujarat); (2003)2GLR1146
the forum of arbitration would be better for deciding such issues of facts, and also, of law.12. In Chapter IV of the Arbitration and Conciliation Act, 1996, provisions are made with regard to jurisdiction of Arbitral Tribunals. … the legality and validity of the order recorded by the learned Chief Justice under Section 11 of the Arbitration and Conciliation Act, 1996 ('the Act' for short) by invocation of the provisions of Article 226 of the Constitution of India, inter … J.N. Bhatt, Actg. C.J. 1. Whether the dispute about the existence of arbitration clause contained in Insurance
Tag this Judgment! AI Brief & AskArk Shipping Co. Ltd. Vs. Grt Shipmanagement Pvt. Ltd.
Mumbai
Jul-26-2007
Arbitration
Arbitration and Conciliation Act, 1996 - Sections 34, 45 to 48 and 49; Evidence Act - Sections 65B; Bombay, Original Side Rules, 1980 - Rule 803(C)
2007(5)ALLMR516; 2008(1)ARBLR317(Bom); 2007(6)BomCR311
V. Mohta, J. 1. The petitioners have invoked Part II and specially Section 45 to 48 of the Arbitration and Conciliation Act, 1996, (for short, 'Arbitration Act-1996) to enforce the foreign award dated 29th August, 2005 and 9th October, 2006 made … then there could be no reason for such a power not to be specified under the provisions of Chapter XII of the Code. In terms of Section 41, a police officer may arrest a person without a
Tag this Judgment! AI Brief & AskJindal Exports Ltd. Vs. Fuerst Day Lawson Ltd.
Delhi
Sep-01-1999
ArbitrationCivil
Arbitration and Conciliation Act, 1996 - Sections 47, 48, 49 and 50; Delhi High Court Act - Sections 10
1999(51)DRJ170
the Foreign Awards Recognition & Enforcement Act, 1961 (hereinafter referred to as 'FARE Act') or the Arbitration & Conciliation Act. 1996 (hereinafter referred to as 'the A&C; Act') applied, the awards being foreign awards are not liable to be … the respondent vehemently contended that Part II of the A&C; Act deals with enforcement of certain foreign awards. Chapter I in Part II would apply to the award in question. Section 50 of the A&C; Act enumerates … of this appeal, which has been filed against the order passed on 19.2.1999 by learned Single Judge. Appeal has been preferred under Section 10 of
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