Judgment Search Results Home > Cases Phrase: arbitration protocol and convention act 1937 repealed preamble 1 arbitration protocol and convention act 1937 Page 1 of about 158 results (0.196 seconds)

Vijaya Narayanan Vs. Prabhakaran

Court : Kerala

Reported in : AIR2006Ker373; 2007(1)ARBLR1(Kerala); 2006(1)KLT797

..... under section 85 of the act, the arbitration (protocol and convention) act, 1937, the arbitration act, 1940 and the foreign awards (recognition and enforcement) act, 1961 are repealed. ..... 1940, the arbitration (protocol and convention) act, 1937 and the foreign awards (recognition and enforcement) act, 1961. ..... the argument is that as there is an arbitration clause in the partnership deed and respondents wanted a reference of the dispute for arbitration and appellants did not oppose the request, court below should have called upon the parties to name an arbitrator and should have referred the arbitration to that arbitrator and the disposal of the suit by referring the parties for arbitration is against the ambit and spirit of section 8 of the 1996 act and is to be set aside. ..... the preamble of the 1996 act shows that the act was enacted as it is expedient to make law respecting arbitration and conciliation, taking into account the model law and rules as recommended by the general assembly of the united nations and as the said model law and rules make significant contribution to the establishment of a unified legal framework for the fair and efficient settlement of disputes arising in international commercial relations. .....

Shin-etsu Chemical Co. Ltd. Vs. Aksh Optifibre Ltd. and anr.

Court : Supreme Court of India

Reported in : AIR2005SC3766; 2005(3)ARBLR1(SC); 2005(4)AWC3851(SC); [2005]127CompCas97(SC); 2005(4)CTC297; JT2005(7)SC426; (2005)4MLJ84(SC); (2005)7SCC234; 2005(2)LC1277(SC)

..... before enactment of the act there were separate statutes governing the international arbitration and domestic arbitration, namely, 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). ..... repealed as provided in section 85 of the act.the 1996 act was enacted considering the international scenario as is evident from its preamble, which reads :'whereas the united nations commission on international trade law (uncitral) has adopted the uncitral model law on international commercial arbitration in 1985:and whereas the general assembly of the united nations has recommended that all countries give due consideration to the said model law, in view of the desirability of uniformity of the law of arbitral procedures and ..... the specific needs of international commercial arbitration practice;and whereas the uncitral has .....

Oil and Natural Gas Corpn. Ltd. Vs. Jindal Drilling and Industries Ltd ...

Court : Mumbai

Reported in : 2008(6)BomCR546

..... thc apex court in sundaram finance' case (supra) clearly observed that prior to the promulgation of the new act, the law on arbitration in india was substantially contained in three enactments, namely, the arbitration act, 1940, the arbitration (protocol and convention) act, 1937 and the foreign awards (recognition and enforcement) act, 1961. ..... dealing with the question about the intention of the legislature in repealing the old act and enacting the new act and bearing in mind the object of the new act, the apex court while enumerating the difference between the provisions of law comprised under the new act vis-a-vis the old act clearly held that:a bare comparison of different provisions of the arbitration act of 1940 with the provisions of the arbitration and conciliation act, 1996 would unequivocally indicate that the 1996 ..... in fact, the very preamble of the new act provides that whereas the united nations commission on international trade law has adopted the uncitral model law on international commercial arbitration in 1985 and the general assembly of the united nations has recommended that all countries give due consideration to the said model law and in view of the desirability of uniformity of the law of arbitral procedures and the specific needs of international commercial arbitration practice, the uncitral has adopted the uncitral .....

Fuerst Day Lawson Ltd. Vs. Jindal Exports Ltd.

Court : Supreme Court of India

..... the statement of objects and reasons of the arbitration and conciliation act, 1996 reads as under: statement of objects and reasonsthe law of arbitration in india is at present substantially contained in three enactments, namely, the arbitration act, 1940, the arbitration (protocol and convention) act, 1937 and the foreign awards (recognition and enforcement) act, 1961. ..... the arbitration and conciliation act, 1996 that has repealed the arbitration act, 1940 and also the acts of 1937 and 1961, consolidates and amends the law relating to domestic arbitration, international commercial arbitration, enforcement of foreign arbitral awards and defines the law relating to conciliation and provides for matters connected therewith and incidental thereto taking into account the uncitral model law and rules.46. ..... the preamble of the arbitration and conciliation act, 1996 is as follows: preamble whereas the united nations commission on international trade law (uncitral) has adopted the uncitral model law on international commercial arbitration in 1985; and whereas the general assembly of the united nations has recommended that all countries give due consideration to the said model law, in view of the desirability of uniformity of the law of arbitral procedures and the specific needs of international commercial arbitration practice; and whereas the uncitral has adopted the .....

M/S. Fuerst Day Lawson Ltd. Vs. Jindal Exports Ltd.

Court : Supreme Court of India

Reported in : AIR2001SC2293; 2001(2)ARBLR1(SC); (2001)3CompLJ9(SC); JT2001(Suppl1)SC263; 2001(3)SCALE708; (2001)6SCC356; [2001]3SCR479

..... the act (sic) of arbitration in this country was substantially contained in three enactments namely (1) the arbitration act, 1940, (2) the arbitration (protocol and convention) act, 1937 and (3) the foreign awards (recognition and enforcement) act, ..... a bare reading of the foreign awards act and the arbitration (protoco) and convention) act, 1937 would show that these two enactments are concerned only with recognition and enforcement of the foreign awards and do not contain provisions for the conduct of arbitral proceedings which would, of necessity, have taken ..... and convention) act ..... view of the law laid down by this court as to the enforcement of foreign award passed after the commencement of the act even in cases when the arbitration proceedings were commenced prior to enforcement of the act after consideration of various aspects, in particular, question relating to the construction and interpretation of section 85(2)(a) of the act, we do not think it necessary to consider the same contentions again when we are in respectful agreement with the law laid ..... preamble of the act makes it abundantly clear that it aims at to consolidates and amend indian laws relating to domestic arbitration, international commercial arbitration and informant of foreign arbitral ..... repeal of the foreign awards act a foreign award can now be enforced under the new act on the basis of the provisions contained in part ii of the new act depending whether it is a new york convention award or a geneva convention .....

FountaIn Head Developers Vs. Mrs. Maria Arcangela Sequeira (Since Dece ...

Court : Mumbai

Reported in : AIR2007Bom149; 2007(3)ALLMR304; 2007(2)ARBLR362(Bom); 2007(3)BomCR393; 2008(1)CTC7

..... the law of arbitration in india was earlier substantially contained in three enactments, namely, the act of 1940, arbitration (protocol and convention) act, 1973 and the foreign awards (recognition and enforcement) act, 1961. ..... the definition of 'court' under section 2(e) could be divided in the following manner: (i) the principal civil court of original jurisdiction in a district, and includes the high court in exercise of its ordinary original civil jurisdiction; (ii) having jurisdiction to decide the questions forming the subject-matter of the arbitration if the same had been the subject-matter of a suit; and (iii) it does not include any civil court of a grade inferior to such principal civil court, or any court of small ..... in omni bus industrial development corporation, the learned judge while dealing with the definition of 'court', under section 2(e) of the arbitration and conciliation act, 1996 (for short the 'act of 1996'), has taken a view that the court of civil judge, senior division, goa being the principal court of original civil jurisdiction, would be entitled to hear an appeal under section 34 of the act of 1996, while in cotton corporation of india ltd. ..... this act repeals the act of 1940. ..... even the preamble of a statute is equally an important part and can be pressed into service to aid the construction thereof.9. .....

Municipal Corporation of Gr. Mumbai Vs. Joint Venture Angerlehner Mich ...

Court : Mumbai

Reported in : 2008(6)BomCR540

..... it is worthy to note that the arbitration act, 1996 not only repeals the arbitration act, 1940 but also repeals the arbitration (protocol and convention) act, 1937 and foreign awards (recognition and enforcement) act, 1961. ..... counsel submitted that the provisions contained in part ii and part iii are totally new provisions and were not contained in the arbitration act, 1940 and, therefore, the arbitration act, 1996 cannot be construed as a repeal and re-enactment of the arbitration act, 1940 so as to attract the provisions of section 8 of the general clauses act. ..... a counsel for the petitioners submitted that the arbitration act, 1940 was repealed and re-enacted by the arbitration act, 1996 and therefore reference to the arbitration act, 1940 in article 3 must be construed as a reference to the arbitration act, 1996 in view of section 8 of the general clauses act.16. ..... in my view sub-section (2) of section 85 of the arbitration act, 1996 is only a transitory provision and merely because the pending arbitration proceedings are saved from the application of the arbitration act, 1996, it cannot be said that the arbitration act, 1940 does not repeal by the arbitration act, 1996.19. ..... merely because the arbitration act, 1996 re-enacts the provisions relating to two or three acts, which were simultaneously repealed, it cannot be said that the arbitration act, 1996 is not a repeal and re-enacted the arbitration act, 1940. .....

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

Court : Supreme Court of India

..... the reasons that weighed with the high court of kerala for holding the state act to be unconstitutional, are as under: (i) that the 1940 act, arbitration (protocol and convention) act, 1937 (hereinafter referred to as 1937 act ) and the foreign awards (recognition and enforcement) act, 1961 (hereinafter referred to as 1961 act ) had become outdated. ..... section 8 repeal and saving (1) the kerala revocation of arbitration clauses and reopening of awards ordinance, 1998 (6 of 1998), is hereby repealed. ..... thereafter, the ac act, 1996 was enacted by parliament repealing the earlier laws 49 of arbitration of 1940. ..... at this juncture, it will be relevant to note that the preamble to the environment (protection) act, 1986 (hereinafter referred to as the 1986 act ) would itself reveal that it refers to the decision taken at united nations conference on the human environment held at stockholm in june 1972, in which india participated and wherein, a decision was taken to take appropriate steps for the protection and improvement of human environment. ..... 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. ..... sub section (1) of section 8 of the state act repeals the kerala revocation of arbitration clauses and reopening of awards ordinance, 1998. .....

Michel Golodetz and ors. Vs. SerajuddIn and Co.

Court : Kolkata

Reported in : AIR1959Cal603,63CWN128

..... was dealing with an application under section 3 of the indian arbitration (protocol and convention) act of 1937 for stay of a suit in the calcutta high court. ..... the ratio of that decision is that a foreign award cannot be enforced in this country by an application under the indian arbitration act when the provisions of the arbitration (protocol and convention) act 1937 do riot apply to it. ..... , : air1956cal644 held that section 35 of the indian arbitration act would not apply where the arbitration (protocol and convention) act 1937 applies. ..... was of opinion that section 35 of arbitration act does not apply to the arbitration of international chamber of commerce where the arbitration (protocol and convention) act applies. ..... his lordship held that the arbitration protocol and convention act did not apply in that case and therefore the suit could not be stayed under that act. ..... the award was filed under the arbitration (protocol and convention) act in the calcutta high court. ..... that observation in russell is a possible argument for the proposition that a foreign award irrespective of the protocol & convention act 1937 of india is enforceable under the indian arbitration act. ..... that was the case governed by the arbitration (protocol & convention) act 1937. ..... under section 4 of the arbitration (protocol & convention) act it is enacted that any person. .....

Joseph Pyke and Son (Liverpool) Ltd. Vs. Kedarnath Mohanlal and ors.

Court : Kolkata

Reported in : AIR1959Cal328

..... the appellants obtained an arbitration award against the respondents in london and thereafter made an application to this court under section 15(1) of the arbitration (protocol and convention) act, 1937, for an order that the award be filed. ..... the main defence was that the contract was an illegal contract under the indian law, the arbitration agreement, being contained in the contract itself, was equally illegal and therefore no award made on the basis of the contract and in pursuance of the agreement could be filed in india under the arbitration (protocol and convention) act, 1937.5. ..... the only provision in the act which fixes a time, namely section 22, does not apply to the present case and as regards arbitration agreement itself, instead of fixing any time, it left the time to the will and convenience of the arbitrators on the only condition that in extending the time they were to act jointly. ..... , dismissed the application on the ground that the award related to a matter which could not be lawfully referred to arbitration in india and that to give effect to it would be to act against the law and the public policy of this country. ..... the second arbitrator in the present case must, therefore, be treated as an arbitrator appointed by the respondents and since he, acting conjointly with the arbitrator appointed by the appellants, extended the time for making the award, the extension was lawfully made.12. .....