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Ark Shipping Co. Ltd. Vs. Grt Shipmanagement Pvt. Ltd.

Court : Mumbai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 34, 45 to 48 and 49; Evidence Act - Sections 65B; Bombay, Original Side Rules, 1980 - Rule 803(C)

Reported in : 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 … ports in Indonesia to ports in India. 3. A signed recap dated 22nd March, 2004 executed by the parties containing main terms of the contract.

Toepfer International Asia Pvt. Ltd. Vs. Thapar Ispat Limited

Court : Mumbai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 34, 47, 49 and 82; Contract Act, 1872 - Sections 10; Grain and Feed Trade Association (Singapore) Rules - Rules 2.2, 4 and 82

Reported in : 1999(4)BomCR415; (1999)2BOMLR890

ORDERB.N. Srikrishna, J.1. This is a petition under section 47 of the Arbitration and Conciliation Act, 1996 (hereinafter called 'the Act') applying for enforcement of the Award dated 30th September, 1997.The silent facts necessary to … with the provisions of GAFTA Rules and is fit one to be enforced as a Foreign Award under Chapter II of the Arbitration and Conciliation Act, 1996.19. By prayer (a) in the petition, it is prayed that … the L/C at the earliest.' At Exh-A-1 is a letter dated September, 22, 1995 by Harish & Co. addressed 'to the petitioner at the address

National Ability S.A. Vs. Tinna Oil and Chemicals Ltd. and ors.

Court : Delhi

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 9, 44 and 48; Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 5, 6 and 8; Companies Act, 1956 - Sections 391; Code of Civil Procedure (CPC) - Sections 13

Reported in : 2008(3)ARBLR37(Delhi); 2008(105)DRJ446

inasmuch as such an award, even when it is a foreign award, is enforceable and executable under the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the '1996 Act'), the petitioner filed the present execution petition and withdrew the suit, … (Recognition and Enforcement) Act, 1961. However, this Act stood repealed by the 1996 Act inasmuch as Part II, Chapter I of the same (Section 44 to 52) lays down the provisions for enforcement of foreign arbitral award … disprove the said documents. In this respect it is submitted that on 22.7.1998, the Arbitral Tribunal passed the order stipulating the schedule which was to

Alcove Industries Ltd. Vs. Oriental Structural Engineers Ltd.

Court : Delhi

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 5, 9, 11, 11(6), 11(7), 12, 12(3), 13, 13(3), 13(4), 13(5), 14, 14(1), 14(2), 15, 15(2), 34 and 80; Arbitration Act 1940 - Sections 5, 11 and 12; Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002; Recovery of Debts due to Banks and Financial Institutions Act, 1993; Constitution of India - Articles 136 and 226

Reported in : 2008(1)ARBLR393(Delhi)

of OMP No. 7/2006 and OMP No. 26/2006 both preferred by the Petitioner under Section 12 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the `Act') seeking removal of respondent no. 2, (the Sole Arbitrator) and appointment of … in the following words: -21. A conjoint reading of Sections 11, 12, 13, 14 and 15 contained in Chapter III of the Act and Section 16 contained in Chapter IV of the Act impels me to hold … be challenged before a Single Judge of the High Court invoking Article 226 of the Constitution or before an Arbitral Tribunal, consisting not necessarily of

New India Assurance Co. Ltd. Vs. Hanjer Fibers Ltd.

Court : Gujarat

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 11, 16, 16(1) and 34; Constitution of India - Article 226

Reported in : 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 … 1996 ('the Act' for short) by invocation of the provisions of Article 226 of the Constitution of India, inter alia, contending that the arbitration clause

Tropic Shipping Company Limited Vs. Kothari Global Limited

Court : Mumbai

Subject : Arbitration

Acts : Arbitration Act, 1940; ;Arbitration and Conciliation Act, 1996

Reported in : 2002(2)BomCR93; (2002)3BOMLR44; 2002(2)MhLj585

decree in terms of the Award.2. Enforcement of the foreign Award is covered by Part II of the Arbitration and Conciliation Act, 1996. Chapter Ideals with the New York Convention Awards. The present Award is a New York contention Award. While applying … pending before the BIFR insofar as respondent is concerned. In these circumstances, it is set out considering Section 22 of the SIC (SP) Act, 1985, this Court would have no jurisdiction to grant enforcement of the award

M/S. Fuerst Day Lawson Ltd. Vs. Jindal Exports Ltd.

Court : Supreme Court of India

Subject : Arbitration

Acts : Code of Civil Procedure (CPC), 1908 - Sections 151; Arbitration and Conciliation Act, 1996 - Sections 1(3), 46, 47, 48, 49, 50(1), 85(2) and 86(2); Arbitration Act, 1940 - Sections 14 and 17; Foreign Awards Act - Sections 2(7), 7, 8, 21, 47 and 48; Foreign Awards (Recognition & Enforcement) Act, 1961; General Clauses Act, 1897 - Sections 6; Constitution of India - Articles 123, 213 and 367(2)

Reported in : AIR2001SC2293; 2001(2)ARBLR1(SC); (2001)3CompLJ9(SC); JT2001(Suppl1)SC263; 2001(3)SCALE708; (2001)6SCC356; [2001]3SCR479; MANU/SC/0329/2001

of the execution petition. The respondent also filed O.M.P No. 203 of 1998 under Section 48 of the Arbitration and Conciliation Act, 1996 (for short the 'Act'). The High Court varied its order of attachment and ordered the respondent to lodge … the new Act states that where the court is satisfied that the foreign award is enforceable under this chapter (Chapter I Part II, relating to New York Convention awards)the award is deemed to be a decree of … the Gazette notification according to which the Act came into force on 22.8.1996; this Court was using the word 'Act' interchangeable with the first ordinance

S.B.P. and Co. Vs. Patel Engineering Ltd. and anr.

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 1, 2 to 6, 7, 8, 9, 10, 11, 11(1), 11(2), 11(3), 11(4), 11(5), 11(6), 11(7), 11(8), 11(9), 11(10), 12, 12(3), 13, 14, 15, 16, 16(1), 17, 18 to 27, 28 to 33, 34 to 37, 37(2), 44 to 60, 61 to 81 and 82 to 86; Arbitration Act, 1859; Arbitration Act, 1940 - Sections 2 to 43 and 85; Code of Civil Procedure (CPC) , 1908; Limitation Act, 1963 - Sections 43; United Provinces (Temporary) Control of Rent and Eviction Act, 1947; Kerala Buildings (Lease and Rent Control) Act, 1965 - Sections 18; Constitution of India - Articles 32, 136, 226 and 227; Code of Civil Procedure (CPC) , 1859; Arbitration Act, 1899; Industrial Disputes Act, 1947 - Sections 10 and 10(1); Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 3, 7 and 35; Foreign

Reported in : AIR2006SC450; 2006(1)ALD10(SC); 2005(3)ARBLR285(SC); 2006(1)AWC538(SC); 2006(1)BomCR585; [2005]128CompCas465(SC); (2006)2CompLJ7(SC); 2005(5)CTC302; (2006)3GLR2097; [2006(1

is the nature of the function of the Chief Justice or his designate under Section 11 of the Arbitration and Conciliation Act, 1996 is the question that is posed before us. The three judges bench decision in Konkan Rly. Corporation Ltd. … Section 36 of the Act, to apply to a court for any one of the orders specified therein. Chapter III of Part I deals with composition of arbitral tribunals. Section 10 gives freedom to the parties to … the Chief Justice could be challenged before the High Court under Article 226 of the Constitution. What seems to have persuaded this Court was the

Venture Global Engineering Company Vs. Satyam Computer Services Ltd. a ...

Court : Andhra Pradesh

Subject : Arbitration

Acts : 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

Reported in : 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

Noy Vallesina Engnr.spa (nka Noy Ambiente S.p.a.) A Corp. Organised An ...

Court : Supreme Court of India

Subject : Arbitration

It urges that the impugned judgment is erroneous because it concludes that proceedings under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter “the Act”) can be maintained to challenge a foreign award, defined as one, under that enactment. The … two awards, i.e. the partial and final awards, under Sections 47 and 48 of the Act, in the chapter relating to foreign awards. This petition was allowed and Jindal’s objections against the two awards’ enforceability were overruled. … place of Mr. Desai, and the tribunal made its final Award on 22.10.2001. When the final award was made, Jindal’s challenge to the partial award,