Court : Mumbai
Reported in : (2008)110BOMLR1189
..... against the impugned judgement and order dated 4th april, 2000 passed by the learned single judge in arbitration petition no.65 of 2000 rejecting summarily the petition without going into the merits, by holding that the same is barred by limitation by applying the provisions of section 34(3) of the arbitration and conciliation act, 1996 (new arbitration act) though the arbitration commenced under the arbitration act, 1940 (old arbitration act).2 the respondents tender was accepted by the appellants on 11.6.1990 on the terms and conditions mentioned in the contract ..... (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act, 1940 (10 of 1940) and the foreign awards (recognition and enforcement) act, 1961 (45 of 1961) are hereby repealed. ..... (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;(b) all rules made and notifications published, under the said enactments shall, to the extent to which they are not repugnant to this act, be deemed respectively to have been made or issued ..... principles enunciated in the judgments show as to when a right accrues to a party under the repealed act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(2)ALT581; 2008(4)ARBLR75(AP)
..... 10 thereof provided that in case of dispute, it shall be referred to a sole arbitrator accepted by both the parties, failing which, to two arbitrators one each appointed by either party and resolved as per arbitration act, 1940 (1940 act, for brevity). ..... under section 85(2)(a) of the act the repeal of 1940 act has no effect if arbitral proceedings commenced before coming into force of the act. ..... alternatively, even if it is assumed that there is arbitration agreement in the annexure to the offer letter dated 1-4-1996, the same cannot be given effect to as it refers the 1940 act which is repealed by new act, and therefore, such clause is void. ..... in the said case the supreme court interpreted section 85 of the act in the background of an arbitration award given on 24-9-1997 pursuant to arbitral proceedings taken out under 1940 act. ..... indeed, section 85(2)(a) of the act clarifies the position that arbitral proceedings commenced after coming into force of the act pursuant to arbitration agreement prior to coming into force of the act shall be governed by the provisions of the new act alone.9. ..... this application is filed under section 11(5) and (6) of the arbitration and conciliation act, 1996 (the act brevity), seeking appointment of arbitrator to resolve the dispute between the applicant and the respondent.2. ..... there is a presumption that the legislature does not intend to limit or take away vested rights unless the language clearly points to the contrary. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(1)ALD135; 2005(6)ALT347; 2006(1)ARBLR399(AP)
..... to make the award rule of the court, the appellant herein filed the suit under section 17 of the arbitration act, 1940, before the district court karimnagar as having jurisdiction. ..... arbitration act 1940 (old act). ..... even for the said limited purpose, it is necessary to find out as to what is meant by commencement of arbitral proceedings for the purpose of the 1996 act where for also necessity of reference to section 21 would arise. ..... in this context, it is necessary to refer to the provisions of sections 21 and 85(2) of the new act (the arbitration and conciliation act, 1996, which came into force on 22-8-1996), which read thus:'section 21: commencement of arbitral proceedings:unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent. ..... it is also another thing to say that expression 'commencement of arbitration proceedings' must be understood having regard to the context in which the same is issued, but it would be a totally different thing to say that the arbitration proceedings commences only for the purpose of limitation upon issuance of a notice and for no other purpose. ..... 71, which is thus:'section 85 of the 1996 act repeals the 1940 act. ..... the court is to interpret the repeal and savings clauses in such a manner so as to give an pragmatic and purposive meaning thereto. ..... repeal and saving:(1) ...(2) ... .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(5)ALD810; 2003(2)ARBLR391(AP)
..... 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 havecommenced prior to the coming into force of the new act ..... 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. ..... 3 of 2001 against the respondents herein before the iii senior civil judge, city civil court, secunderabad under sections 30 and 33 of the arbitration act, 1940 ('the old act' for brevity) requesting to set aside an award dated 23-10-2000 passed by the respondents 2 and 3 as arbitrators in respect of granting of interest @ 18% per annum from 14-8-1995 to 23-10-2000.2. ..... contained in clause 25, in the relevant part is as under:subject to the provisions of the contract to the contrary as aforesaid, the provisions of the indian arbitration act, 1940 or anystatutory modification of re-enactment thereof and the rules made thereunder and for the time being in force shall apply to all the arbitration proceedings under this clause.38. ... in this view of the matter, if the parties have agreed that at the relevant time provisions of law as existing at that time ..... . there is a presumption that legislature does not intend to limit or take away vested rights unless the language clearly points to the .....
Tag this Judgment!Court : Chennai
Reported in : 2003(3)ARBLR34(Madras); (2003)2MLJ404
..... 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 and getting orders thereon, the appellants 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. ..... ) 3 ctc 591, while construing a similar phraseology employed in section 37(3) of the 1940 act that an arbitration shall be limited to be commenced when one party to the arbitration agreement serves on the other parties thereto a notice requiring the appointment of an arbitrator, 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 designated, held that the terms of the notice cannot be very rigidly construed in a ..... steel authority of india limited (supra), relied on by the learned counsel for the petitioners followed the earlier decision in shetty's constructions case (supra).11 ..... bharat bijlee limited (supra), is also to the same effect ..... steel authority of india limited, : air1999sc3923 and varun seacon limited v. ..... authority of india limited (supra).15. ..... bharat bijlee limited, : air1998guj99 ..... court in case of the cotton corporation of india limited v. ..... judgment of the gujarat high court in varun seacon limited v. .....
Tag this Judgment!Court : Kolkata
Reported in : (2003)3CALLT10(HC)
..... notice under section 14(2) of the arbitration act, 1940 as prescribed by rules of the calcutta high court is not essential for the purpose of making an application for setting aside of an award and that an application if made after 30 (thirty) days from the date the petitioner was orally informed about the filing of the award in court, would be time barred, since there is no distinction between a formal and informal notice in this behalf under the limitation act. ..... the award made by the arbitrator in the dispute between the parties, was made rule of the court after rejecting the appellants' application under section 30 of the arbitration act, 1940 (1940 act), by a judgment dated 10th of ..... other hand, the provisions contained in the limitation act applicable to an arbitration proceeding by reason of section 40 of the 1940 act would govern the period of limitation, which is three years from the date ..... steps having been taken and the said period being a period in excess of three years from 17th of february, 1993, the claim appears to be barred by limitation and cannot be allowed in view of section 3 of the limitation act, which applies to arbitration proceedings by reason of section 40 of the 1940 act (43 of the 1996 act). ..... repeal of the 1940 act will not affect the proceedings in respect of the applicability of the 1940 act ..... notwithstanding repeal of the said at, the 1940 act shall be applicable in relation to arbitral proceedings commenced before the 1996 act come into force unless .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2009AP216; 2009(5)ALT98
..... before referring to these precedents, it may be mentioned that in cases that were decided under arbitration act, 1940 (which has been repealed by new act), supreme court took the view that 'where an agreement is invalid, every part of it including the clause as to arbitration contained therein must also be invalid' and that, 'an arbitration clause which is one of the terms of the void contract must also perish along with it and the dispute relating to validity of contract is one such case for the ..... limited (2007) ukhl 40, house of lords dealing with section 7 of (british) arbitration act, 1996, made the following observations. ..... , put it in vee networks limited: if, in accordance with section 7 (of the arbitration act 1996), an arbitrator determines that the matrix contract is, for example, void ab initio by reason of illegality and it is not in issue whether the arbitration agreement is also illegal and void, the tribunal can continue to exercise such jurisdiction under the arbitration agreement as its scope permits. ..... limited : 2007 (7) scj 600 : air 2007 sc 2706 : (2007) 4 recent arbitration judgments 77 (sc) : 2007 (7) scj 600 : 2008 (5) alt 2.1 (dnsc), adverting to a similar question, supreme court observed, thus:in the present case, aurohill global commodities limited has filed this petition under section 11(9) read with section 11(5) of the said act. .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(4)AWC2721
..... this provision in the new act corresponds in some measure to section 30 of the repealedarbitration act of 1940 (hereinafter referred to as 'the repealed act'). ..... ' the limitation of pendency of arbitration proceeding in court before court could grant interim relief does not now exist considering the language of section 9 in which the words 'for the purpose of, and in relation to, arbitration proceeding' are missing. ..... on the other hand, under section 34 or under section 9 of the act, when a court is called upon to decide the objection raised by a party against an arbitral award or to make interim measures of protection, the jurisdiction of the court is limited as expressly indicated in the said provisions. ..... it is subject to certain limitations and restrictions, such as, firstly, it can be exercised by the court to the same extent and in the same manner as it could for the purpose of in relation to any proceeding before it and, secondly, the exercise of the power to make interim arrangements should not militate against any power which might be vested in an arbitral tribunal. ..... 35721 of 1996, for the resolution of their entire dispute including in relation to maya press private limited, which was subject-matter of not only the said writ petition but also other disputes pending in different courts, including grant of an interim relief, which may be desired by one or the other parties, through arbitration of mr. .....
Tag this Judgment!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 act replaces the procedure laid down in sections 8 and 20 of the arbitration act, 1940. ..... section 8 of the arbitration act, 1940 enabled the court when approached in that behalf to supply an omission. ..... a 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 1877. ..... ganga prasad chaturvedi : air1959sc492 the court stated:'these observations which relate to inferior courts or tribunals with limited jurisdiction show that there are two classes of cases dealing with the power of such a tribunal (1) where the legislature entrusts a tribunal with the jurisdiction including the jurisdiction to determine whether the preliminary state of ..... this act was replaced by the arbitration and conciliation act, 1996 which, by virtue of section 85, repealed the earlier enactment.3. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(4)ALD471; [2005]ICompCas452(AP)
..... arbitration act, 1940 was in force till it was repealed by the arbitration and conciliation act ..... under sections 8 and 20 of the indian arbitration act 1940 (hereinafter referred to as the old act) with a prayer to appoint an arbitrator and direct such arbitrator to take necessary steps to ..... that the concepts such as, acknowledgement provided for under section 20 of limitation act become relevant. ..... , the supreme court condoned the delay in that case; where as there is no application under section 5 of limitation act, in the present case. ..... , he submits that once a notice has been issued by a party invoking arbitration clause, the limitation starts running and any subsequent event cannot have the effect of stopping it. ..... limitation, learned senior standing counsel submits that article 137 of the limitation act applies to the arbitration proceedings and the starting point for computation of limitation is the time when right to apply for arbitration ..... the indian and foreign authorities on the subject the hon'ble supreme court held as under:'the period of limitation for the commencement of an arbitration runs from the date on which, had there been no arbitration clause, the cause of action would have accrued.' 19. ..... in view of the clear language employed in sections 21 and 85 of the new act and the judgment of the supreme court in shetty's constructions limited(1 supra), it cannot be said that the two judgments referred to above have correctly ..... mandate under section 3 of the limitation act. .....
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