Court : Delhi
..... the provisions of the old act (arbitration act, 1940) shall apply in relation to arbitral proceedings which have commenced before the coming into force of the new act (the arbitration and conciliation act, 1996 ..... subject as aforesaid the provisions of arbitration act 1940 or any statutory modification or re-enactment thereof and the rules made thereunder and for the time being in force shall apply to the arbitration under this clause. ..... c) arbitration act 1940 is to be read as arbitration and conciliation act 1996 [necessary change may also be made in proforma contract agreement].." 5 ..... 2000) 8 scc151 secondly, it is submitted that the arbitration clause in question states that the arbitration act 1940 (substituted by the act by an amendment) and all amendments subsequent thereto would ..... of 2016 page 7 of 13 (2) notwithstanding such repeal, -(a) the provisions of the said enactments shall apply in relation to arbitral proceedings which commenced before this act came into force unless otherwise agreed by the parties but this act shall apply in relation to arbitral proceedings which commenced on or after this act comes into force. 17. ..... the supreme court was examining the applicability of the arbitration act, 1940 which had been repealed in relation to arbitration proceedings that had commenced prior to the enactment of the said act (i.e. ..... satisfies the requirement of section 26 of there being an agreement between the parties that the act as amended with effect from 23rd october 2015 will .....
Tag this Judgment!Court : Delhi
Reported in : AIR1983Delhi247; 22(1982)DLT53; 1983(4)DRJ8
..... enforcement and the production of the arbitration proceedings being unnecessary for the purpose of enforcement of a foreign award in view of the provisions of the arbitration (protocol and convention) act, 1937 and/or the foreign awards (recognition and enforcement) act, 1961, notice to the arbitrators for the production of the award, proceedings and the documents was unnecessary and so was the further notice to the indian company, after the award has been filed, as envisaged in section 14(2) of the indian arbitration act, 1940. ..... this exclusion is not only based on the express provision contained in section 47 of the act of 1940 but would also be implied because at least the act of 1961 was a subsequent statute and both the acts of 1937 and the act of 1961 arc special statutes dealing with certain categories of arbitral awards, while the act of 1940 was a general provision with regard to the arbitration. ..... who spoke for the court observed that 'we will assume for the purpose of this appeal that section 34 of the arbitration act of 1940 invests a court in india with authority to stay a legal proceeding commenced by a party to an arbitration agreement against any other party there to in respect of any matter to be referred even when the agreement is to submit it to a foreign arbitration tribunal. ..... the act of 1961 repealed the act of 1937 and was intended to give effect to the convention of the recognition and enforcement of foreign arbitral awards to which india was also a .....
Tag this Judgment!Court : Delhi
..... . arbitration act, 1940 essentially contained provisions which were similar to the earlier statute for reference of disputes to ..... arbitration. the arbitration and conciliation act, 1996 was enacted repealing the arbitration act, 1940 with the legislative intent of reducing court interference in arbitral proceedings at the three critical stages of pre and post reference stages ..... justice. (para7) xxx xxx xxx it is also well settled that lack of perfection in a legislative measure does not necessarily imply its constitutionality as no economic measure has so far been discovered which is free from all discriminatory impact and that in such a complex area in which no fool proof device exists, ..... . section 326 of the code of civil procedure, 1859 provided that when any persons shall, by an instrument in writing, agree that any differences between them, or any of them shall, be referred to the arbitration of any person or persons named in the agreement, or to be appointed by any court having jurisdiction in the matter to which it relates, the application may be made by the parties thereto, or any of them, that the ..... the conclusion appearing at the end of paragraph 24 above does not therefore imply that the state must provide free legal aid for every dispute ..... assent. this aspect is further reaffirmed by use of the word "assent" in clause (2), which implies knowledge of the president to the repugnancy between the state law and the earlier law made by parliament on the same subject-matter .....
Tag this Judgment!Court : Delhi
..... . arbitration act, 1940 essentially contained provisions which were similar to the earlier statute for reference of disputes to ..... arbitration. the arbitration and conciliation act, 1996 was enacted repealing the arbitration act, 1940 with the legislative intent of reducing court interference in arbitral proceedings at the three critical stages of pre and post reference stages ..... justice. (para7) xxx xxx xxx it is also well settled that lack of perfection in a legislative measure does not necessarily imply its constitutionality as no economic measure has so far been discovered which is free from all discriminatory impact and that in such a complex area in which no fool proof device exists, ..... . section 326 of the code of civil procedure, 1859 provided that when any persons shall, by an instrument in writing, agree that any differences between them, or any of them shall, be referred to the arbitration of any person or persons named in the agreement, or to be appointed by any court having jurisdiction in the matter to which it relates, the application may be made by the parties thereto, or any of them, that the ..... the conclusion appearing at the end of paragraph 24 above does not therefore imply that the state must provide free legal aid for every dispute ..... assent. this aspect is further reaffirmed by use of the word "assent" in clause (2), which implies knowledge of the president to the repugnancy between the state law and the earlier law made by parliament on the same subject-matter .....
Tag this Judgment!Court : Delhi
Reported in : 2002IVAD(Delhi)238
..... the pendency of this petition the said act stands repealed and arbitration and conciliation act, 1996 came to be passed by the legislature is no ground to allege that this petition filed under section 20 of the arbitration act, 1940 is not maintainable. ..... failure to fulfill the obligations under the agreement by respondents 1 and 2, the petitioner terminated the agreement, the arbitration clause contained in this agreement shall not cease to have effect. ..... application is accordingly allowed.as per the agreement, matter could be referred to the sole arbitration of any one of the four persons ..... once the power is given to court to appoint arbitrator under the new act, as per section 11 thereof, it would be appropriate that at least in agreement where both are private parties, the choice of appointment should be with the court even if the arbitrator is named in the arbitration agreement and if the court is satisfied that the named arbitrator would not do justice in the matter being biased in favor of ..... by the law as it stands, this court has no option but to appoint the arbitrator named in the agreement and refer the disputes to him. ..... above all, in the hire purchase agreement it has named its own persons as arbitrators who have to decide the fate ..... the petitioner company accepted the said proposal, and the petitioner and respondents entered into a hire purchase agreement dated 15th june, 1990 whereby the respondents 1 and 2 agreed to take the said vehicle on hire from the petitioner company .....
Tag this Judgment!Court : Delhi
..... . after the amendment act 3 of 2016, as per the amended provision of sub-section (6a) of section 11, the power of the court is confined only to examine the existence of the arbitration agreement ..... the parties for value less than or equal to 20% of the value of the contract and when claim or disputes are of value more than 20% of the value of the contract, provision of clause 63 & 64 and other relevant clauses of the general conditions of contract will not be applicable and arbitration will not be remedy for settlement of such disputes. 4. the counsel for the respondent contends where the dispute is of the value more than 20% value of the contract ..... . while constituting an arbitral tribunal, on the scheme of the act, the chief justice has to consider whether he as the chief justice has jurisdiction in relation to the contract, whether there was an arbitration agreement in terms of section 7 of the act and whether the person before him with the request, is a party to the arbitration agreement ..... . when it is said that the chief justice or his designate may choose to decide whether the claim is a dead claim, it is implied that he will do so only when the claim is evidently and patently a long time barred claim and there is no need for any detailed consideration of evidence .....
Tag this Judgment!Court : Delhi
Reported in : 2003(2)ARBLR127(Delhi); 102(2003)DLT445; [2003]42SCL256(Delhi)
..... in striking contrast to the said scheme underlying the provisions of the 1940 act, in the new 1996 act, there is no provision corresponding to section 34 of the old act and section 8 of the 1996 act mandates that the judicial authority before which an action has been brought in respect of a matter, which is the subject-matter of an arbitration agreement, shall refer the parties to arbitration if a party to such an agreement applies not later than when submitting 8(3) his first statement. ..... no doubt, at the appellate stage, 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 an 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 court hat no such application could be filed, once the application earlier filed under 1940 act was got .....
Tag this Judgment!Court : Delhi
Reported in : 2002(61)DRJ573
..... repealing the arbitration act, 1940 and other relevant provisions, section 85 of the arbitration and conciliation act, 1996 provides as under:repeal and saving - (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. ..... that event, it was further urged that under section 37 of the arbitration act, 1940, the arbitration shall be deemed to be commenced when one party to the agreement serves a notice on the other. ..... (3) for the purposes of this section and of the indian limitation act, 1908 (9 of 1908), an arbitration shall be deemed to be commenced when one party to the arbitration agreement serves on the other parties thereto a notice requiring the appointment of an arbitrator, or where the arbitration agreement provides that the reference shall be to a person named or designated in the agreement requiring that the difference be submitted to the person so named or ..... is nothing to show on the record that there was any agreement to the contrary to indicate that the parties wanted the arbitration and conciliation act, 1996 to apply and the net result would be that in the absence of contract to the contrary, it is the provisions of the arbitration act, 1940, that would govern.16. ..... attention of the court had been drawn towards the agreement between the parties pertaining to the arbitration and the same is being reproduced below for the sake of .....
Tag this Judgment!Court : Delhi
Reported in : 72(1998)DLT541
..... the case law, relied upon by the learned counsel for the petitioner, also in no way helps the case of the petitioner because the same relates to the interpretation of the provisions of section 8 and section 20 of the arbitrates act, 1940 which stands repealed with the coming into force pf the act and in the present act no such analogous provision exists. ..... (5) failing any agreement referred to in sub-section (2), in an arbitration with a sole arbitrator, if the parties fail to agree on the arbitrator within thirty days from receipt of a request by one party from the other party to so agree the appointment shall be made, upon request of a party, by the chief justice or any person or institution designated by him ..... procedure agreed upon by the parties- (a) a party fails to act as required under that procedure; or(b) the parties, or the two appointed arbitrators, fail to reach an agreement expected of them under that proceeding; or(c) a person including an institution fails to perform any function entrusted to him or it under that procedure,a party may request the chief justice or any person or institution designated by him to take the necessary measure, unless the agreement on the appointment procedure provides other means for securing ..... (3) failing any agreement referred to in sub-section (2), in an arbitration with three arbitrators, each party shall appoint one arbitrator, and the two appointed arbitrators shall appoint the third arbitrator who shall act as the presiding arbitrator. .....
Tag this Judgment!Court : Delhi
Reported in : 2005(1)ARBLR94(Delhi); 115(2004)DLT117
..... in thyssen case, the supreme court negatived the contention that parties could not have agreed to the application of the new act till they had the knowledge about the provisions thereof and, thereforee, the agreement to the effect that no arbitral proceedings, the provisions of the arbitration act, 1940 or any statutory modification or re-enactment thereof would be applicable, is not valid. ..... in thyssen's case (supra), mr.g.l.rawal has strongly urged that though the reference was made and arbitral proceedings were conducted under the old act, still in view of the above agreement and in accordance with the repeal and saving clause contained in section 85(2) of the new act, the impugned award shall be governed by the provisions of the new act and consequently, the objections filed by the respondents under sections 30 and 33 of the old act are not maintainable and are liable to be dismissed. ..... in the beginning of this order) is not happily worded and is somewhat vague and can be termed as unique in the sense that it is neither paramateria to the arbitration clause appearing in the thyssen's case (supra) or rani construction's case (supra) or sail case (supra) as it does not contain any expressions ''subject as aforesaid, the provisions of the arbitration act, 1940, or any statutory modification or re-enactment thereof and the rules made there under and for the time will apply to the .....
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