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Stolt-nielsen S. A. Vs. Animalfeeds Int’l Corp.

Court : US Supreme Court

Subject : Arbitration

of the questions of what standard the appropriate decisionmaker should apply in determining whether a contract allows class arbitration, and whether, under whatever standard is appropriate, class arbitration had been properly ordered in the case at hand. Pp. … contract known in the maritime trade as a charter party. The charter party that AnimalFeeds uses contains an arbitration clause. AnimalFeeds brought a class action antitrust suit against petitioners for price fixing, and that suit was consolidated

Lmj International Ltd. Vs. Sleepwell Industries Co. Ltd. and Anr.

Court : Kolkata

Subject : Arbitration

during the enforcement of the foreign award, the plaintiff has filed an application under Section 48 of the Arbitration and Conciliation Act, 1996 objecting to the enforceability of the said foreign award. The applicant/defendant No.1 contends that since a … under the contract are to be resolved in London in accordance with the GAFTA Rules, 125 and the Arbitration and Conciliation Act, 1996 (United Kingdom) and in view thereof, the jurisdiction of this Court as a civil court is

Societe De Traction Et D'electricite Societe Anonyme Vs. Kamani Engine ...

Court : Supreme Court of India

Subject : Arbitration

Acts : Indian Companies Act, 1956 - Sections 389 and 494; Arbitration Act, 1940 - Sections 34, 46 and 47; Arbitration (Protocol and Convention) Act, 1937 - Sections 3

Reported in : AIR1964SC558; (1964)66BOMLR392; [1963]33CompCas869(SC); [1964]3SCR116

the agreement during the period of the agreement or thereafter shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the … the award when made shall be enforceable at law, or which in the opinion of the Court of Arbitration and the arbitrator, it is desirable to specify. Article 20 deals with the hearing of the case by the

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)

issue in this case is: Whether the finding of the court made under Section 45 of the Indian Arbitration and Conciliation Act 1996 ('the Act') that the arbitration agreement, falling within the definition of Section 44 of the Act, … (Editor : Separate Dissenting Judgement of Y.K. Sabharwal, J.)54. Leave granted.55. The interpretation of Section 45 of the Arbitration and Conciliation Act, 1996 (for short 'the Act') falls for determination in this matter. Section 45 is as under:'45. Power

Konkola Copper Mines (Plc) Vs. Stewarts and Lloyds of India Limited

Court : Mumbai

Subject : Arbitration

Oral Judgment: By this petition filed under section 9 of the Arbitration and Conciliation Act, 1996, the petitioner seeks direction against the respondent to furnish security to secure the amounts awarded to … court does not fall within the purview of “Court” as contemplated by provisions of section 2(1)(e) of the Arbitration and Conciliation Act, 1996. 4. The learned counsel for the respondent placed reliance upon the judgment of the Supreme Court

Masusmi Sa Investment Llc Vs. Keystone Realtors Pvt. Ltd. and Others

Court : Mumbai

Subject : Arbitration

by which the CLB allowed the company application filed by respondent No. 2 under section 8 of the Arbitration and Conciliation Act, 1996 (For short “ the Arbitration Act, 1996”) and referred the parties to arbitration as contemplated under … of such dispute arising, failing which it shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996. 20.4.2 - The arbitration shall be conducted as follows: (a) The parties shall mutually appoint a

Enercon (India) Ltd. and Others Vs. Enercon Gmbh and Another

Court : Mumbai

Subject : Arbitration

9th January 2009 came to be set aside, resulting in the Application filed under Section 45 of the Arbitration and Conciliation Act, 1996 being allowed in terms of prayer clause 28(a) thereof, and the Injunction Application of the Petitioners … involve common facts and are interconnected, the same are, therefore, heard together. For the sake of brevity the Arbitration and Conciliation Act, 1996 of India and, the Arbitration and Conciliation Act, 1996 of England would be referred to as

Enercon (India) Ltd and ors Vs. Enercon Gmbh and anr

Court : Supreme Court of India

Subject : Arbitration

parts and components. In this suit, Respondent No.1 has taken out an Application under Section 45 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Indian Arbitration Act, 1996’). The Bombay Suit and the Application under … expenses (including reasonable-fees of counsel) to the Party (ies) that substantially prevail on merit. The provisions of Indian Arbitration and Conciliation Act, 1996 shall apply. The reference of any matter, dispute or claim or arbitration pursuant to this Section

Dallah Real Estate and Tourism Holding Company (Appellant) Vs. the Min ...

Court : UK Supreme Court

Subject : Arbitration

out of or in connection with this Agreement shall be settled by arbitration held under the Rules of Conciliation and Arbitration of the International Chamber of Commerce, Paris, by three arbitrators appointed under such Rules." On 6 … 1996 Act. The Cour de Cassation is, however, a national court, giving a French legal view of international arbitration; and Dallah and the Government agree that the true analysis is that French law recognises transnational principles as potentially

Rakesh Malhotra and Others Vs. Rajinder Kumar Malhotra and Others

Court : Mumbai

Subject : Arbitration

in the main agreement and seeking a reference to arbitration of all disputes, under Section 45 of the Arbitration and Conciliation Act, 1996. The Company Law Board Mumbai framed four questions for determination. On 31st January 2013, it dismissed … filed applications before the CLB seeking orders of reference of disputes to arbitration under section 45 of the Arbitration and Conciliation Act, 1996 (“the Arbitration Act”). These applications were contested. Among the defences that RKM took, three are material