Judgment Search Results Home > Cases Phrase: arbitration and conciliation act 1996 section 5 extent of judicial intervention Page 9 of about 733 results (0.235 seconds)

Kohinoor Creations and ors. Vs. Syndicate Bank

Court : Delhi

Reported in : 2005(2)ARBLR324(Delhi); IV(2005)BC156; [2006]132CompCas417(Delhi); 121(2005)DLT241; 2005(82)DRJ631

..... a doubt could have been raised that after commencement of the arbitration and conciliation act, 1996, provisions of its section 8 could come into play even on those recovery proceedings, which were pending before a tribunal established under the 'act' in view of the fact that the arbitration and conciliation act, 1996 was a later act than the 'act' under which the the proceedings in the oa are pending. ..... section 5 & 8 of the act assume crucial importance for purpose of resolving the present controversy and require to be extracted hereunder:-section 5:- extent of judicial intervention-notwithstanding anything contained in any other law for the time being in force, in matters governed by this part, no judicial authority shall intervene except where so provided in this part.section 8:- power to refer parties to arbitration where there is an arbitration agreement-1) a judicial authority before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party so applies not later than when submitting his ..... rather, i am of the view that the provisions of the 'act' will override the provisions of the arbitration and conciliation act, 1996.section 34 of the 'act' gives an overriding effect to the provisions of the act.the 'act' came into force on 24th june, 1993. .....

M/s. Felguera Gruas India Private Ltd., Visakhapatnam, rep. by its Dir ...

Court : Andhra Pradesh

..... in that view of the matter and having regard to the judgments relied on by the learned counsel for respondent and having regard to the objective of the arbitration and conciliation act to minimise the intervention of civil courts, coupled with the provision under section 5 of the act, we are of the view that no appeal is maintainable under section 37 of the act against the docket order issuing notice to the respondent on ..... are filed under section 37 of the arbitration and conciliation act, 1996, aggrieved by the docket order, dated 27.10.2015, passed by the 24th additional chief judge, city civil court, hyderabad, in arbitration o.p.no.2123 of ..... hand, it is argued by sri v.ravinder rao, learned counsel appearing for the respondent-company that under section 37 of the arbitration and conciliation act, appeal is provided only from the orders covered under section 37(1)(a) and (b) alone (and from no others) to the court authorised by law to hear appeals from original decrees of the court ..... adhunik steelscase (9 supra), the hon'ble supreme court has held that provision for interim measures under section 9 of the arbitration and conciliation act is not totally independent of well-known principles governing grant of injunction under order 39 of the code ..... section 5 of the act deals with the extent of judicial intervention on the subject covered by the provisions under the arbitration act ..... arbitration and conciliation act of 1996, the law relating to arbitration was governed by arbitration act .....

North Eastern Electric Power Corporation Ltd. and ors. Vs. Jiban Kumar ...

Court : Guwahati

..... the averments made in the petition clearly suggest that the aforesaid application may be taken as one under section 8 of the arbitration and conciliation act, 1996 (hereinafter referred to as the 'act') . ..... extent of judicial intervention. ..... biswas has submitted that in the matters covered by arbitration clause, the intervention of any judicial authority is barred under section 5 of the act, it will be pertinent to reproduce the aforesaid provision, which are given below : '5. ..... (3) notwithstanding that an application has been made under sub-section (1) and that the issue is pending before the judicial authority, an arbitration may be commenced or continued and an arbitral award made.'9. ..... section 5 of the act starts with a non abstante clause over riding any other law for the time being in force, in the matters governed by part 2 of the act and it is prescribed that no judicial authority shall intervene except where so provided for in this part.10. ..... --(1) a judicial authority before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party so applies not later than which submitting his first statement on the substance of the dispute refer the parties to arbitration. ..... -- notwithstanding anything contained in any other law for the time being in force, in matters governed by this part, no judicial authority shall intervene except where so provided in this part.'8. .....

National Highways Authority of India vs.m/s Gayatri- Eci (Joint Ventur ...

Court : Delhi

..... (comm) 128/2019 page 21 of 22 an arbitration award that is governed by part i of the arbitration and conciliation act, 1996 can be set aside only on grounds mentioned under section 34(2) and (3), and not otherwise. ..... in fact, there are several judgments of the supreme court and of this court which have defined that the courts would interfere in the arbitral awards only in a situation covered under section 34(2) of the arbitration and conciliation act such as associate builders v delhi development authority (2015) 3 scc49 wishwamitter bajaj v shipra estate ltd. ..... coram: justice sanjeev narula judgment sanjeev narula, j1 national highways authority of india (hereinafter referred to as nhai ) has filed the present petition under section 34 of the arbitration and conciliation act (hereinafter referred to as 'the act), assailing the award dated 22nd november 2018 passed by the arbitral tribunal comprising of three arbitrators (hereinafter referred to as 'the at').2. ..... extent of intervention. ..... --notwithstanding anything contained in any other law for the time being in force, in matters governed by this part, no judicial authority shall intervene except where so provided in this part. ..... section 5 reads as follows: judicial 5. .....

Msm Satellite (Singapore) Pte Ltd. and ors. Vs. World Sport Group (Mau ...

Court : Mumbai

..... therefore, we have no hesitation in proceeding on the basis that the arbitration and conciliation act, 1996 does not rule out intervention by the court although section 45 confers powers on judicial authority to refer parties to arbitration that is a power which will have to be exercised only after the court finds that the agreement is not null and void, inoperative and incapable of being performed. ..... with the applicability of part i of the 1996 act in all its force, the extent of judicial intervention in arbitrations is limited by the non obstante provisions of section 5 of the 1996 act, ...... ..... , the extent of judicial intervention is limited by the non-obstante provision of section 5 of the act. ..... the apex court did hold in the said case that with the applicability of part-i of the 1996 act to the extent of judicial intervention in arbitration is limited by the non-obstante provision of section 5 and that the validity of the proceedings before the arbitral tribunal is an issue which the arbitratgor and not the court could decide under section 16 of the act. ..... provisions in the arbitration act have been looked upon as vastly reducing the extent to which the judiciary can interfere with the arbitration process. ..... to this extent, the power to examine the arbitration agreement between the parties is available ..... arguments which have been raised before us by the learned counsel on behalf of the respondent to a large extent related to the merits of the appellant's claim before the council. .....

Mahanagar Telephone Nigam Ltd. Vs. M/S. Applied Electronics Ltd.

Court : Supreme Court of India

..... that the code of civil procedure, 1908 (for short 'the cpc') would be applicable to the proceedings under the arbitration and conciliation act, 1996 (for short the 1996 act). ..... now, if the arbitration act, 1940 was held to be a self- contained code, on matters pertaining to arbitration, the arbitration and conciliation act, 1996, which consolidates, amends and designs the law relating to arbitration to bring it, as much as possible, in harmony with the uncitral model must be held only ..... section 5 of the 1996 act provides the extent of judicial intervention ..... reproduced a passage from the treatise law and practice of arbitration and conciliation wherein the learned authors have stated thus:- in the context of this act, section 37(3) barring second appeal against an appellate order under section 37(1) and (2) is really superfluous. ..... (i) to comprehensively cover international and commercial arbitration and conciliation as also domestic arbitration and conciliation; (ii) to make provision for an arbitral procedure which is fair, efficient and capable of meeting the needs of the specific arbitration; (iii) to provide that the arbitral tribunal gives reasons for its arbitral award; (iv) to ensure that the arbitral tribunal remains within the limits of its jurisdiction; (v) to minimise the supervisory role of courts in the arbitral process; (vi) to permit an arbitral tribunal to use mediation, conciliation or other procedures during the arbitral proceedings to encourage settlement of .....

Suresh Kabra Vs. Trusted Shares and Investments Ltd.

Court : Mumbai

Reported in : I(2005)BC160; 2003(2)BomCR480; [2004]118CompCas99(Bom); (2003)2CompLJ234(Bom); [2003]42SCL945(Bom)

..... the statement of objects and reasons accompanying the arbitration and conciliation act, 1996 shows that the purpose of the act was to reduce to the minimum judicial intervention with arbitral awards. ..... these are proceedings under section 34 of the arbitration and conciliation act, 1996. ..... in assessing the challenge to the correctness of the arbitral award, it would be necessary at the outset for the court to reiterate the parameters of the jurisdiction under section 34 of the arbitration conciliation act, 1996. ..... the grounds for judicial intervention are delineated in section 34 and it has been provided that an arbitral award can be set aside only on one of the grounds set out in the section. ..... holding that it was impermissible for the single judge while exercising jurisdiction under section 34 of the act to substitute his views for that of the arbitrator, mr. ..... section 5 of the act, therefore, provides that no judicial authority shall intervene except to the extent and as provided by the part. ..... having regard to the limited parameters of the jurisdiction of the court under section 34, it would not be permissible for this court to interfere with the award upon a reappreciation of evidence or by substituting the court's opinion for the reasons which have weighed with the appellate bench. ..... that is not the jurisdiction which is vested while looking into the question of the legality or validity of the award when it is challenged under section 34 of the act. .....

North Eastern Electrical Power Corp. Ltd. Vs. Hindustan Const. Company ...

Court : Guwahati

..... section 5 of the act of 1996, which falls in part i thereof and deals with the extent of judicial intervention with the arbitral awards and proceedings, makes it clear that notwithstanding anything contained in any other law for the time being in force, no judicial authority shall intervene in any matter covered by the act of 1996 except as provided in part i.11. ..... the petitioner-corporation filed, on 21.3.2002, an application under section 34 of the arbitration and conciliation act, 1996 (hereinafter referred to as 'the act of 1996') along with an application under section 5 of the limitation act seeking condonation of delay in filing the application under section 34. ..... thus, the act of 1996 deals with both national commercial arbitration as well international commercial conciliation.10. ..... a careful reading of section 34 will show that an arbitral award made under the act of 1996 can be set aside only on the grounds and in the manner as provided in section 34. ..... 1 that the entire scheme of the act of 1996 shows that the only way to get an arbitral award set aside is by making application for setting aside the award as has been provided under section 34 of the act of 1996. ..... there is no dispute before me that it is only section 34 of the act of 1996, which contains the remedy to get an arbitral award set aside. .....

Ppn Power Generating Company Vs. Ppn (Mauritius) Company and ors.

Court : Company Law Board CLB

Reported in : (2006)129CompCas818

..... while it is true that the question of jurisdiction has to adjudicated, in terms of section 16 of the arbitration and conciliation act, 1996, by the arbitral tribunal, provided that the arbitration proceedings are validly initiated, which is completely lacking in the present case for want of authority from the board of directors of the company. ..... the indian arbitration act (act no.x)(10) of 1940/the arbitration and conciliation act, 1996 shall not be applicable to the arbitration proceedings or award, which may be rendered. ..... even if the indian arbitration law were to apply, section 5 of arbitration & conciliation act, 1996 precludes the courts from ordinarily interfering in the arbitral process and the court's intervention must be minimal as held in p. ..... section 16 of the arbitration and conciliation act provides that the arbitral tribunal may rule on its own jurisdiction and the authority of the arbitral tribunal goes to the root of its jurisdiction and not just its extent as held in konkan railway corporation ltd. v. ..... no judicial authority shall intervene in the arbitration proceedings except whereso provided in the arbitration & conciliation act as held in brawn laboratories limited v. ..... there should not be any judicial interference with commercial decision of board of directors of the company. ..... there is no judicial precedent in the globe to show that such anti-suit injunction could be issued against a natural forum. .....

Maharashtra State Electricity Board Vs. Datar Switchgear Ltd.

Court : Mumbai

Reported in : 2003(2)BomCR81

..... arbitration association and by the rules of arbitration of the indian merchants chamber: (viii) independent of the power conferred on the arbitral tribunal, the high court in a proceeding under section 9 of the arbitration and conciliation act, 1996 has the power under clause (ii)(e) thereof, to grant an interim measure of protection and has the same power for making orders as it has for the purpose of and in relation to any proceedings before it: (ix) the only effective mechanism for the enforcement of the order of the arbitral tribunal would be a stay or termination of the arbitral ..... equally while interpreting the provisions of section 9 regard must be had to the general object of the act which is to restrict judicial intervention in arbitral proceedings. ..... chapter i makes 'general provisions' including those relating to definitions, the receipts of written communications, as regards a waiver of a right to object, the extent of judicial intervention and for administrative assistance. ..... the sound reasons for judicial restraint are founded as much in the underlying rationale of the act of 1996 which is to limit judicial intervention, as in the drastic consequences which ensue from such judicially imposed sanctions. ..... therefore, in consonance with the norm of restricted judicial intervention, the court has to assess whether a case for the exercise of its jurisdiction under sub-clause (e) of clause (ii) of section 9 has been made out. .....