Judgment Search Results Home > Cases Phrase: arbitration act 1940 repealed section 3 provisions in implied arbitration agreement Court: us supreme court Page 1 of about 166 results (0.207 seconds)

The Secretary To Govt. Of Kerala . Vs. James Varghese .

Court : Supreme Court of India

..... section 3 cancellation of arbitration clauses and revocation of authority of arbitrator (1) notwithstanding anything contained in the indian contract act, 1872 (central act 9 of 1872) or in the arbitration act, 1940 (central act 10 of 1940) or in the arbitration and conciliation act, 1996 (central act 26 of 1996) or in any other law for the time being in force or in any judgement, decree or order of any court or other authority or in any agreement or other instrument, (i) the arbitration clauses in every agreement shall stand cancelled; (ii) the authority of an arbitrator appointed under an agreement referred to in clause (i) shall stand revoked; and (iii) any agreement referred to in clause ..... section 4 period of limitation for filing suits notwithstanding anything contained in the arbitration act, 1940 (central act 10 of 1940) or in the arbitration and conciliation act, 1996 (central act 26 of 1996) or in the limitation act, 1963 (central act 36 of 1963), a suit under sub section (2) of section 3 may be filed within six months from the date of commencement of this act or within such period as is allowed by the provisions of the limitation act, 1963 (central act 36 of 1963), in relation to such suits, whichever is later. ..... it is therefore submitted that assuming that the state act was validly enacted, however 24 (2018) 11 scc47034 upon introduction of section 34 (2a) of the 1996 act on 23rd october 2015, the state act has been impliedly repealed. .....

Union of India (Uoi) and anr. Vs. L.K. Ahuja and Co.

Court : Supreme Court of India

Reported in : AIR1988SC1172; 1988(1)ARBLR375(SC); JT1988(2)SC82; 1988(1)SCALE710; (1988)3SCC76; [1988]3SCR402; 1988(1)LC702(SC)

..... the arbitration act, 1940 repealed para 17 of the second schedule to the code and re-enacted it in section 70 with minor modifications ..... on 13th december, 1976, an application was filed by the respondent in the court of civil judge, allahabad, for appointment of an arbitrator under section 20 of the arbitration act, 1940 (hereinafter called 'the act'). ..... in the premises the court held that an application under sections 8 & 20 of the arbitration act, 1940 was not governed by article 181 of the limitation act. ..... the appeal by certificate this court held that by the arbitration act, 1940 the legislature amended articles 158 and 178 of the limitation act and made them applicable to the relevant proceedings under the arbitration act but no similar change was made in article 181. ..... in order to be a valid claim for reference under section 20 of the arbitration act, 1940, it is necessary that there should be an arbitration agreement and secondly differences must arise to which the agreement in question applied and, thirdly, that must be within time as stipulated in section 20 of the act.7. ..... in the circumstances the court found it impossible to construe the implied reference in article 181 as a reference to the arbitration act, or to hold that article 181 applied to applications under that act. ..... one is whether the claim made in the arbitration is barred by limitation under the relevant provisions of the limitation act and secondly, whether the claim made for application under section 20 is barred. .....

Milkfood Ltd. Vs. Gmc Ice Cream (P) Ltd.

Court : Supreme Court of India

Reported in : 2004(5)ALLMR(SC)624; 2004(1)ARBLR613(SC); [2004]121CompCas581(SC); (2004)3CompLJ16(SC); 2004(4)CTC479; 110(2004)DLT778(SC); 2004(75)DRJ512; JT2004(4)SC393; (2004)3MLJ87(SC)

..... konkan railway construction and another [(1998) 5 scc 599], it was held : "a mere look at sub-section (2)(a) of section 85 shows that despite the repeal of arbitration act, 1940, the provisions of the said enactment shall be applicable in relation to arbitration proceedings which have commenced prior to the coming into force of the new act. ..... " referring to the relevant portion of the discussions in thyssen (supra), the learned judge held : "the aforesaid discussion only deals with 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, therefore, the agreement to the effect that to the arbitral proceedings, the provisions of the arbitration act, 1940 or any statutory modification or re- enactment thereof would be applicable, is not valid. ..... " the court, thus, proceeded on the basis that such a course was permissible in terms of sub-clause (d) of clause 25 of the agreement which was in the following terms : "subject to as aforesaid, the provision of the 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 proceedings under this clause. ..... the first schedule, therefore, contains implied conditions of arbitration agreements which are applicable to the reference and not for any other purpose. .....

Centrotrade Minerals and Metal Inc. Vs. Hindustan Copper Limited

Court : Supreme Court of India

Reported in : 2006(3)ARBLR201(SC); JT2006(5)SC507; 2006(5)SCALE535; (2006)11SCC245

..... it must immediately be clarified that the arbitration not having taken place in india, all or some of the provisions of part i may also get excluded by an express or implied agreement of parties. ..... this court in that case noticed the provisions contained in section 47 of the 1940 act and section 9(b) of the 1961 act stating: "17 by reason of section 9(b), the 1961 act does not apply to any award made on an arbitration agreement governed by the law of india. ..... the 1996 act, however, on the other hand, repeals and replaces not only the 1940 act but also the 1961 act and provides for different forums and different procedures for resolution of a dispute through an arbitrator. ..... it takes within its sweep transactions: (i) the consideration or object whereof is forbidden by law; or (ii) of such a nature, if permitted, would defeat the provisions of any law; or (iii) if fraudulent or involves or implies injury to the person or property of another where the court regards it immoral, or opposed to public policy. ..... all the aforementioned statutes have been repealed by the 1996 act and make provisions in two different parts, namely, matters relating to domestic award and foreign award respectively. ..... [(1999) 9 scc 334], it was held : "present-day courts tend to adopt a purposive approach while interpreting the statute which repeals the old law and for that purpose to take into account the objects and reasons which led to the enacting of the new act. .....

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

Court : Supreme Court of India

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

..... the relevant provisions of the foreign awards (recognition and enforcement) act, 1961, this court held that the arbitrator or umpire is competent to provisionally decide his own jurisdiction, if the arbitration agreement so provides, however, subject to final determination by a competent court.the court stated:'as explained earlier the scheme that emerges on a combined reading of sections 3 and 7 of the foreign awards act clearly contemplates that questions of existence, validity or effect (scope) of the arbitration agreement itself, in cases where such agreement is wide enough ..... consolidated and amended law relating to arbitration was passed in 1940, known as the arbitration act, 1940 (act x 1940).as has been said, protracted, time consuming, atrociously expensive and complex court procedure impelled the commercial-world to an alternative, less formal, more effective and speedy mode of resolution of disputes by a judge of choice of the parties which culminated into passing of an arbitration act. ..... the provisions relating to arbitration were found in the code of civil procedure, 1859 (act viii of 1859) which was repealed by act x of ..... where some person or body is entrusted by parliament that administrative or executive functions there is no presumption that compliance with the principles of natural justice is required although, as 'parliament is not to be presumed to act unfairly', the courts may be able in suitable cases (perhaps always) to imply an obligation to act with fairness .....

V.O. Tractoroexport, Moscow Vs. Tarapore and Company and anr.

Court : Supreme Court of India

Reported in : AIR1971SC1; (1971)IIMLJ44(SC); (1969)3SCC562; [1970]3SCR53

..... had been in india and if the provisions of the arbitration act of 1940, had been applicable, the suit and the arbitration proceedings could not have been allowed to go on simultaneously and either the suit would have been stayed under section 34 or it was not stayed, and the arbitrators were notified about the pendency of the suit, they would have had to stay the arbitration proceedings because under section 35 such proceedings would become invalid if there was identity between the ..... to complete the history of legislation in england mention may be made of the arbitration act, 1950 which repealed the earlier enactments. ..... the act of 1924 which first introduced the sub-section, was an act to give effect to the protocol and there is respectable, though now antiquated, authority, namely, the repealed section 27 of the act of 1889, for giving a wider meaning to 'submission' if the context so requires. ..... proceedings may, at any time after appearance and before filing a written statement or taking any other step in the proceedings, apply to the court to stay the proceedings and the court unless satisfied that the agreement is null and void, inoperative or incapable of being performed or that there is not in fact any dispute between the parties with regard to the matter agreed to be referred shall make an order staying the proceedings.the schedule ..... in india the arbitration act, 1889 was repealed and replaced by the arbitration act of 1940. ..... this act of 1961 repealed the protocol act of 1937 .....

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

Court : Supreme Court of India

..... section 85 of the act of 1996 expressly repeals the provisions of the arbitration act, 1940. ..... 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 obsolete. ..... since the 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. ..... therefore, the provisions of arbitration act, 1940 including the state amendment namely para 7 a of section 24 8 of u.p. ..... 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 the parties. ..... 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 11.09.1999. ..... in the instant case, though the agreement was earlier to the date of coming into force of the act of 1996, the proceedings admittedly commenced on 27.10.1999 and were conducted in accordance with the act of 1996. ..... the appellant entered into an agreement dated 08.07.1993 with the superintendent engineer, drainage division, district gonda, u.p. .....

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. ..... 47 of the arbitration act, 1940, in its relation to the arbitration (protocol and convention) act 6 of 1937 and the court refused to stay the action commenced in contravention of the arbitration agreement on the footing that an arbitration agreement which contemplated reference otherwise than in the manner provided by the arbitration act, 1940, sections 1 to 38 was inffective not being persmissible under the provisions of s. ..... section 389 of the indian companies act, 1956 (before it was repealed by act 65 of 1960) read as follows :- '(1) a company may, by written agreement refer to arbitration, in accordance with the arbitration act, 1940 (x of 1940), an existing or future difference between itself and any other company or person. ..... it can, therefore, be said and properly be said that a power to carry on business implies also an incidental power to refer a dispute arising from that business to arbitration. .....

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 high court held that it could not be said that the proceedings (in the present case) were under the arbitration act, 1940, and therefore, the rate of interest granted should not be 18%. ..... therefore, the provisions of arbitration act, 1940 including the state amendment, namely, 6 para 7-a inserted by section 24 of the u.p. ..... roy7 to argue that when the agreement between the parties does not prohibit grant of interest and where the party claims interest in the dispute referred to an arbitrator, then the arbitrator does have the power to award interest pendente lite.8. mr. ..... in the instant case, though the agreement was earlier to the date of coming into force of the 1996 act, the proceedings admittedly commenced on 27-10- 1999 and were conducted in accordance with the 1996 act. .....

Commonwealth Coatings Vs. Continental Cas.

Court : US Supreme Court

..... 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 an award "procured by . . ..... they are not expected 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 review. ..... it uses this singularly inappropriate case to announce a per se rule that, in my judgment, has no basis in the applicable statute or jurisprudential principles: that, regardless of the agreement between the parties, if an arbitrator has any prior business relationship with one of the parties of which he fails to inform the other party, however innocently, the arbitration award is always subject to being set aside. ..... pursuant to the arbitration provision in the contract, petitioner appointed an arbitrator, the prime contractor appointed another, and these two appointed a ..... provided as follows: "section 18. ..... section 10 does authorize vacation of an award where it was "procured by corruption, fraud, or undue means" or "[w]here there was evident partiality . . ..... section 10, quoted below, sets out the conditions upon which awards can be .....