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Sakuma Exports Ltd Vs. Louis Drefus Commodities Suisse S.A.

Court : Mumbai

Subject : Arbitration and Conciliation

Acts : English Arbitration Act,1996 - Section 34, 11, 9, 2, 53 and 68(1); Arbitration and Conciliation Act, 1996 - Section 2(2)m 11

of his submission that this Court has jurisdiction to entertain the present Petition under Section 34 of the Arbitration and Conciliation Act,1996, first pointed out that the Rules of the Refined Sugar Association relating to the Arbitration (which have been … this Part apply where the seat of the arbitration is in England and Wales or Northern Ireland. 33. Sections 53 and 68(1) of the English Arbitration Act, 1996 are provisions of Part I of the English Arbitration … having its registered office at Switzerland. Under an Agreement/Contract dated 12th January, 2010, the Petitioner inter alia agreed to purchase from the Respondent 2700 MT

Vinay Bubna Vs. Yogesh Mehta and Others

Court : Mumbai

Subject : Arbitration

Acts : Securities Contracts (Regulation) Act, 1956 - Sections 9(4), 10 and 11; Arbitration and Conciliation Act, 1996 - Sections 2(4), 10, 24, 34(2), 40, 41 and 43; Arbitration Act, 1940 - Sections 7, 12, 28, 30, 36, 37, 46 and 47; Cotton Contract Act - Sections 4(7), 5 and 6; Indian Limitation Act, 1963; Bombay Industrial Relations Act; Bombay Co-operative Societies Act - Sections 51; Forward Contracts (Regulation) Act, 1952

Reported in : 1999(2)ALLMR129; 1998(4)BomCR849

of appointment. However, in para 40 it is contended that the learned Arbitrators ignored the provisions of the Arbitration and Conciliation Act, 1996 as also Rules, Bye-laws and Regulations 1957 framed by the Stock Exchange and travelled beyond the provisions of … of the Arbitration Act, 1996 reads as under :-'2 (4). This Part except sub-section (1) of section 40, sections 41 and 43 shall apply to every arbitration under any other enactment for the time being in force, … consequently also the award is liable to be set aside under section 34 of the Act of 1996.3. The Award is in violation of the

Union of India (Uoi) Vs. Moti Enterprises and anr.

Court : Mumbai

Subject : ContractArbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 34 and 34(2)

Reported in : 2003(2)ARBLR229(Bom); 2003(2)BomCR737; (2003)1BOMLR639; 2003(1)MhLj930

taken up for hearing and final disposal.2. The Arbitration Petition in these proceedings under Section 34 of the Arbitration and Conciliation Act, 1996 seeks to impugn an award of a sole arbitrator, dated 23rd March, 2002. The sole arbitrator in the … It shall indicate the forecast of the dates for commencement and completion of the various trade processes or sections of the work, and shall be amended as may be required by agreement between the G. E. and

Maharashtra State Electricity Distribution Vs. Dsl Enterprises Pvt. Lt ...

Court : Mumbai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 34 and 34(2); Contract Act - Sections 53 and 73; Motor Vehicles Act, 1988; Land Acquisition Act, 1894; Income Tax Act

Reported in : 2009(4)BomCR843; 2009(111)BomLR1246; 2009BusLR326(Bom)

by the Arbitrators is in accordance with law. For that purpose the parameters under Section 34 of the Arbitration and Conciliation Act, 1996 (the Act) would have to be borne in mind. To that end the Petitioner would require to furnish … Rs. 1 lakh. Arbitration - Award - Scope of interference - Fundamental breach - Extent of damages - Sections 34 and 34(2) of Arbitration and Conciliation Act, 1996 - Sections 53 and 73 of Contract Act, 1872 -

Delhi Jal Board Vs. Reliable Diesel Eng. (P) Ltd. and ors.

Court : Delhi

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 34 and 34(2)

Reported in : 2005(3)ARBLR602(Delhi); 127(2006)DLT378; 2006(86)DRJ153

the petitioner seeking the setting aside of the impugned award are under sections 34(2)(a)(i) and 34(2)(a)(iii) of the Arbitration and Conciliation Act, 1996.2. Section 34 permits the setting aside of an arbitral award by the court if the party making the

R.S. Jiwani Vs. Ircon International Ltd., a Government of India

Court : Mumbai

Subject : Arbitration

Acts : Arbitration Act, 1899; Code of Civil Procedure (CPC) , 1908 - Sections 89 and 100A; Arbitration Act, 1940 - Sections 15, 16, 30 and 49; Arbitration and Conciliation Act, 1996 - Sections 4A(1), 5, 16(6), 32, 34, 34(2), 34(4), 35, 36, 43 and 86; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961; Code of Civil Procedure (CPC) (Amendment) Act, 1999; Limitation Act, 1963; General Clauses Act, 1897; Oil Seeds (Forward Contract Prohibition) Order, 1943; Contract Act, 1872 - Sections 23, 55 and 73; Conciliation Rules

Arbitration Act (10 of 1940). The Arbitration Act of 1940 itself was repealed by Section 85 of the Arbitration and Conciliation Act, 1996, hereinafter referred to as the `Act'. This Act comprehensively amended the then existing law in relation to arbitration … of the learned Arbitrator, the company filed petition for setting aside the Award dated 5.5.2005 in terms of Sections 34 and 16(6) of 1996 Act. However, the appellant did not challenge the award or any part thereof. The … the case of Guru Nanak Foundations v. Rattan Singh AIR 1981 SC 2057 while referring to the Act of 1940 observed, 'the way in which

Dr. Vijaypat Singhania and ors. Vs. Hari Shankar Singhania and ors.

Court : Mumbai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 20, 26, 33, 34 and 34(2); Arbitration Act, 1940 - Sections 20; Forest (Conservation) Act, 1980

Reported in : 2009(6)BomCR303; 2009(111)BomLR4374

Anoop V. Mohta, J.1. These are two petitions under Section 34 of the Arbitration and Conciliation Act, 1996 ( the Act).2. An arbitration Award dated 04.08.2008, which is modified on 12.09.2008, has been challenged by the … Anoop V. Mohta, J.1. These are two petitions under Section 34 of the Arbitration and Conciliation Act, 1996 ( the Act).2. An arbitration Award dated 04.08.2008, which is

Delhi Development Authority Vs. R.S. Sharma and Co., New Delhi

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 33, 34, 34(1), 34(2), 34(3), 75 and 81; Arbitration Act, 1940 - Sections 20, 20(1), 24, 28, 28(1), 30 and 31(3); Indian Contract Act; Transfer of Property Act

Reported in : 2008(3)ARBLR362(SC); 2009(1)AWC246(SC); 2008BusLR789(SC); 152(2008)DLT678(SC); JT2008(9)SC362; (2009)1MLJ327(SC); 2008(11)SCALE663; 2008AIRSCW5735; 2008(5)LH(SC)3673

the face of the Award and liable to be set aside in terms of Section 34(2) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act'). On the other hand, Mr. U.A. Rana, learned Counsel appearing on behalf … the award could be set aside, if the Arbitral Tribunal has not followed the mandatory procedure prescribed under Sections 24, 28 or 31(3), which affects the rights of the parties. Under Sub-section (1)(a) of Section 28 there

Sterlite Industries (India) Limited Vs. Department of Telecommunicatio ...

Court : Delhi

Subject : ArbitrationCommercial

Acts : Arbitration and Conciliation Act, 1996 - Sections 4, 16, 16(2), 16(3), 18, 28, 28(3), 34 and 34(2); Arbitration Act, 1940; Companies Act, 1956 - Sections 391 and 394

Reported in : 2006(3)ARBLR24(Delhi)

- Arbitrator passed award in favor of respondent - Present petition filed by petitioner under Section 34 of Arbitration and Conciliation Act, 1996 - Held, award suffered from legal infirmity - Award proceeded against petitioner while petitioner not liable to respondent … every kind, nature and description of Sterlite relatable to the Telecom Division shall also, under the provisions of Sections 391 and 394 of the Act, without any further act or deed, be transferred to or be deemed … damages against the supply of cables during extended period.Whereas, in OMP No. 298/99 in the High Court New Delhi, the Hon'ble Justice Mr. S.N. Kapoor

Dda Vs. Manohar Lal and Co.

Court : Delhi

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 33, 34, and 34(2); ;Arbitration Act, 1940 - Sections 30

Reported in : 2006(1)ARBLR132(Delhi); 127(2006)DLT495; 2006(86)DRJ751

and published his award dated 08.01.2002. 2. Both the parties have filed objections Under Section 34 of the arbitration and Conciliation Act, 1996 (hereinafter referred to as said Act).3. Learned counsel for the parties state that they are conscious of the … sole arbitrator, who made and published his award dated 08.01.2002. 2. Both the parties have filed objections Under Section 34 of the arbitration and Conciliation Act, 1996 (hereinafter referred to as said Act).3. Learned counsel for the