Judgment Search Results Home > Cases Phrase: arbitration act 1940 repealed section 11 power to court to remove arbitrators or unpire in certain circumstances Court: us supreme court Page 1 of about 14 results (0.130 seconds)

Sinclair Refining Co. Vs. Atkinson

Court : US Supreme Court

..... to the fact that express repeal of norris-laguardia provisions may be found in certain other sections of the taft-hartley act -- from which the court concludes "not only that congress was completely familiar with those provisions, but also that it regarded an express declaration of inapplicability as the normal and proper manner of repealing them in situations where such repeal seemed desirable. ..... of the complaint with regard to the nine occurrences in question are as follows: "(a) on or about july 1, 1957, six employees assigned to the #810 crude still stopped work in support of an asserted grievance involving the removal of shift machinists from the #810 still area;" "(b) on or about september 17, 1957, all employees employed in the mason department refused to work on any shift during the entire day; the entire mechanical department refused to ..... courts to issue such an order against a challenge based upon the norris-laguardia act, the court pointed out that the equitable relief granted in that case -- a mandatory injunction to carry out an agreement to arbitrate -- did not enjoin any one of the kinds of conduct which the specific prohibitions of the norris-laguardia act withdrew from the injunctive powers of united states courts. ..... industrial and labor policy in view of their understanding as to the prevailing circumstances of contemporary labor-management relations than upon what is a correct judicial interpretation of the language of the act as it was written by congress. .....

M/S Shahi and Associates Vs. State of u.p. .

Court : Supreme Court of India

..... 5 since the arbitration act, 1940, has been repealed under section 85 of the act of 1996, the schedule to arbitration act, 1940 also stands repealed and para 7 a has become ..... arbitration act, 1940 has been repealed by way of section 85 of the act of 1996, the schedule to the arbitration act, including the state amendment, also stands repealed. ..... section 85 of the act of 1996 expressly repeals the provisions of the arbitration act, 1940 ..... exception is provided in sub section (2)(a) of section 85 where a proceeding which had commenced when the arbitration act of 1940 was in force and continued even after coming into force of the act of 1996, and all parties thereto agreed for application of the old act of 1940. ..... , the provisions of arbitration act, 1940 including the state amendment namely para 7 a of section 24 8 of ..... learned counsel for the appellant submits that the arbitration proceedings were commenced on 27.10.1999 under the act of 1996 and the provisions of arbitration act, 1940 will have no application to the proceedings between ..... since the rate of interest granted by the arbitrator is in accordance with section 31(7)(b) of the act of 1996, the high court and the district judge were not justified in reducing the rate of interest by following the ..... owing to certain disputes that arose between the parties with respect to the rate of payment for additional work under the agreement, the appellant served a notice invoking arbitration on the respondents and filed the claim petition on .....

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

Court : Supreme Court of India

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

..... (1) and (3) of the indian companies act 1 of 1956, (before that section was repealed in 1960) an indian company may agree to refer differences between itself and any other company or person by written agreement in accordance with the arbitration act, 1940 and the provisions of the arbitration act, 1940 apply to all arbitrations in pursuance of the companies act to which a company is a party. ..... 389 refer an existing or future dispute between itself and any other company or person to arbitration only in accordance with the arbitration act, 1940 and not otherwise; that any arbitration agreement which obliged the company to submit itself to arbitration according to a scheme of arbitration different from the arbitration act, 1940 would not be binding upon the indian company, and therefore the court had no power to enforce compliance with an invalid convenant, and to stay the suit instituted by an indian company in breach thereof. ..... under the arbitration act, 1899 read with the companies act, 1913, the power of a company to refer differences to arbitration fell to be determined in certain cases which arose, before the high courts of lahore, calcutta and madras. ..... this is followed by a general rule which states that in circumstances not specifically provided for, the court of arbitration and the arbitrator shall act on the basis of the rules and make their best efforts for the award to be enforceable at law. 6. ..... , removed by the representatives of the traction. 4. .....

M/s Larsen Air Conditioning And Refrigeration Company Vs. Union Of Ind ...

Court : Supreme Court of India

..... since the arbitration act, 1940 has been repealed by way of section 85 of the 1996 act, the schedule to the arbitration act, including the state amendment, also stands repealed. ..... the only exception is provided in sub-section (2)(a) of section 85 where a proceeding which had commenced when the arbitration act of 1940 was in force and continued even after coming into force of the 1996 act, and all parties thereto agreed for application of the old act of 1940. ..... the 1996 act was enacted based on the uncitral model law on international commercial arbitration, 1985 which, as has been pointed out in redfern and hunter on international arbitration, makes it clear that, given the limited judicial interference on extremely limited grounds not dealing with the merits of an award, the limited remedy under section 34 is coterminous with the limited right , namely, either to set aside an award or remand the matter under the circumstances mentioned in section 34 of the arbitration act, 1996 ..... the judgment in municipal corporation of greater mumbai (supra) no doubt discusses the inherent powers of the high court as a superior court of record, but relates specifically to the jurisdiction to recall its own orders, and offers little assistance in the present dispute.15. ..... in the course of work, certain disputes arose. .....

Commonwealth Coatings Vs. Continental Cas.

Court : US Supreme Court

..... not believe that it is either necessary, appropriate, or permissible to rule, as the court does, that, regardless of the facts, innocent failure to volunteer information constitutes the "evident partiality" necessary under 10(b) of the arbitration act to set aside an award. ..... held: arbitrators should disclose to the parties any dealings which might create an impression of possible bias, and since the business connection between the arbitrator and the prime contractor was not disclosed here, the award can be vacated under 10 of the united states arbitration act, which authorizes vacation of ..... to get all their income from their work deciding cases, but we should, if anything, be even more scrupulous to safeguard the impartiality of arbitrators than judges, since the former have completely free rein to decide the law as well as the facts, and are not subject to appellate ..... of the contract and the arbitration herein, 18 of the rule of the american arbitration association, which the court quotes, was phrased merely in terms of a "request" that the arbitrator "disclose any circumstances likely to create a presumption of bias or which he believes might disqualify him as an impartial arbitrator. ..... " "(d) where the arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final, and definite award upon ..... section ..... section 10 does authorize vacation of an award where it was "procured by corruption, fraud, or undue means" or "[w]here ..... section 10, quoted below, sets out the .....

Reliance Industries Ltd. and ors. Vs. U.O.i.

Court : Supreme Court of India

..... it was in these circumstances that the present arbitration petition came to be filed under section 11(6) of the arbitration act, 1996. ..... on 16th april, 2012, petitioners no.1 & 2 filed arbitration petition no.8 of 2012 under section 11(6) of the arbitration act, 1996 before this court (hereinafter referred to as a.p. ..... divan that since the provision contained in section 11(9) of the arbitration act, 1996 is not mandatory; the court ought to appoint the third arbitrator, who is an indian national. ..... both the learned senior counsel accept that when exercising power under section 11(6) of the arbitration act, the chief justice of india or the person or the institution designated by him (hereinafter referred to as cji for convenience) is required to appoint the 2nd arbitrator from amongst persons who are not nationals of the country of any of the parties to the arbitration proceedings. ..... in case, there is objection by one party to the appointment of an arbitrator belonging to the nationality of the opposite party, the chief justice of india (or his nominee) can certainly consider the objection and see if an arbitrator not belonging to the nationality of either parties can be appointed. ..... under nelp, certain blocks of hydrocarbon reserves were offered for exploration, development and production to private contractors under the agreements which were in the nature of production sharing contract. .....

Board of Control for Cricket in India Vs. Kochi Cricket Pvt Ltd and Et ...

Court : Supreme Court of India

..... taking account of various apparent difficulties the departmental advisory committee on arbitration hesitated for a time both as to the principle and as to whether the power to dismiss should be vested in the court or the arbitrator, but the pressure from all quarters became irresistible and in 1990 the courts and legal services act inserted, through the medium of section 102, a new section 13a in the arbitration act, 1950. ..... (1) the arbitration (protocol and convention) act, 1937 (6 of 1937), the arbitration act, 1940 (10 of 1940) and the foreign awards (recognition and enforcement) act, 1961 (45 of 1961) are hereby repealed. ..... the arbitral proceedings terminate under section 32(1) by the delivery of a final arbitral award or by the circumstances mentioned in section 32(2). ..... it is the rule deducible from the application of law to the facts and circumstances of a case which constitutes its ratio decidendi and not some conclusion based upon facts which may appear to be similar. ..... is not mere waste paper when it is delivered and before it becomes a decree, as it decides the rights of the parties and, therefore, being final and binding on parties, is a judgment delivered between parties, which may become executable on certain conditions being met, but which do not detract from the fact that the award itself has vitality .14. .....

In Re Interplay Between Arbitration Agreements Under The Arbitration A ...

Court : Supreme Court of India

..... the purpose of vesting courts with certain powers under sections 8 and 11 of the arbitration act is to facilitate and enable arbitration as well as to ensure that parties comply with arbitration agreements. ..... in doing so, the legislature did not altogether exclude the role of courts or judicial authorities in arbitral proceedings, but limited it to circumstances where the support of judicial authorities is required for the successful implementation and enforcement of the arbitral process.70 the arbitration act envisages the role of courts to support arbitration process 71 by providing necessary aid and assistance when required by law in certain situations.75. ..... in the process, the arbitration act repealed the 1940 act, the arbitration (protocol and convention) act 1937, and the foreign awards (recognition and enforcement) act 1961. ..... since sms tea estates (supra) was decided before the introduction of section 11(6a) of the arbitration act, another pertinent issue before this court was whether introduction of this provision removed the basis for the decision in sms tea estates (supra) to the extent that an unstamped instrument could be impounded not by the referral court under section 11 but by the arbitrator. .....

Smt. Kalpana Kothari Vs. Smt. Sudha Yadav and ors.

Court : Supreme Court of India

Reported in : AIR2002SC404; 2002(1)ALT30(SC); 2001(3)ARBLR487(SC); 2002(1)AWC115(SC); 2002(50)BLJR971; JT2001(9)SC337; 2001(7)SCALE560; (2002)1SCC203

..... filing a written application for dismissal of the applications filed by the appellants under section 34 of the arbitration act, 1940, as not pressed in view of the repeal of 1940 act and coming into force of the 1996 act and getting orders thereon, the appellants herein have once again moved the high court under section 8 of the act, with a request for stay of proceedings before the high court as well as the trial court, but the application came to be rejected by the learned judge in the high ..... on 27.8.99, the defendants, who filed applications before the trial court under section 34 of the arbitration act, 1940, moved applications in writing before the high court setting that they do no press their applications under section 34 of the arbitration act, 1940, in view of the repeal of the 1940 act and for their dismissal as not pressed and consequently, the same was ..... property to save it from any anticipated loss till the decision of the suit; b) that having got the application earlier filed before the trial court under section 34 of the arbitration act, 1940 which was in force at the time of filing of the suit dismissed as withdrawn, it is not permissible to invoke the powers under section 8 of the arbitration and conciliation act, 1996 to obtain the relief of stay of further proceedings; c) that by their conduct as above they are estopped from filing a fresh ..... all the partners also were said to have executed a power of attorney dated 2.11.91 duty registered in favour of m/s .....

Rashtriya Ispat Nigam Limited and anr. Vs. Verma Transport Company

Court : Supreme Court of India

Reported in : AIR2006SC2800; 2006(3)ARBLR210(SC); 2006(4)AWC4011(SC); JT2006(7)SC404; 2006(7)SCALE565; (2006)7SCC275; 2006(2)LC1118(SC)

..... , after filing a written application for dismissal of the applications filed by the appellants under section 34 of the arbitration act, 1940, as not pressed in view of the repeal of the 1940 act and coming into force of the 1996 act and getting orders thereon, the appellants herein have once again moved the high court under section 8 of the act, with a request for stay of proceedings before the high court as well as the trial court, but the application came to be rejected by the learned judge in the high ..... in certain respects, the parliament of india while enacting the said act has gone beyond the scope of the said rules.with a view to appreciate the said question, we may at the outset notice the provisions of section 4 of the english arbitration act, 1899, which was bodily lifted in enacting section 34 of the 1940 act, in the following terms:4. ..... -power to stay legal proceedings where there is an arbitration agreement. ..... the court must go into the circumstances and intention of the party in the step taken. ..... section 8 confers a power on the judicial authority. ..... power to refer parties to arbitration where there is an arbitration agreement. ..... the said power, however, shall be exercised if a party so applies not later than when submitting his first statement on the substance of the dispute. ..... power to stay proceedings where there is a submission. .....