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. .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1956Cal238,60CWN578
..... the argument on this section put briefly is that although the indian arbitration act requires readiness and willingness, section 3, arbitration (protocol and convention) act of 1937 does not insist on that requirement and that is the effect of the words 'notwithstanding anything contained in the indian arbitration act, 1940' appearing in that act.the non-obstante expression in that section emphasises the main difference that while stay under section 34, indian arbitration act, 1940 is always discretionary with the court by reason of tne use-of the word 'may' therein ..... , sucti stay is an obligation and a mandate upon the court under the protocol act by reason .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1960Cal702,64CWN616
..... to think that the word 'award' in section 32 of the arbitration act 1940 means an award made under that act and not under the arbitration protocol and convention act and therefore i hold section 32 of the arbitration act does not apply to awards made under the arbitration protocol and convention act 1937. ..... it is true that in the present case the award holder had already made an application for filing the foreign award under the provisions of the arbitration (protocol and convention) act, 1937, and the appellant could have taken all the grounds which have been taken in the suit, in the said application, for resisting the enforcement of the award but it cannot be laid down as a ..... claims the present right of suit against almost on the same grounds pleading that this foreign award is not enforceable under section 7 of the arbitration (protocol and convention) act, 1937 the only material difference being that what was previously said to be an implied term is now alleged to be an express oral agreement. ..... act states in the preamble that india is a state signatory to the protocol on arbitration clauses set out in the first schedule of the act and to the convention on the execution of foreign arbitral awards set out in the second schedule of the act ..... 32 does not have the effect of impliedly repealing section 39 of the specific relief act and so a suit which challenges the validity of a contract is not hit by section 32 even though the arbitration agreement is contained in the contract. .....
Tag this Judgment!Court : Kolkata
Reported in : 2005(2)ARBLR551(Cal),(2004)3CALLT380(HC),2005(2)CHN29,[2005]64SCL277(Cal)
..... in case of a foreign award the arbitration (protocol and convention) act, 1937 and foreign awards (recognition & enforce) act, 1961 were holding the fields. ..... under section 4 of the act, 1937 a foreign award was enforceable in india as if it were an award made on a matter referred to arbitration in india. ..... : the queen's bench decision of the english court observed as follows:'i am not aware of any case in which the courts have accepted that it would be inappropriate to allow a convention award which is otherwise valid and enforceable to be enforced as a judgment on the grounds that the judgment debtor has an arguable cross-claim against the holder of the award. ..... this order of dismissal would however not preclude the petitioner to take recourse to section 14 of the limitation act while approaching the arbitration court as they were pursuing the remedy before this court bona fide on the self same cause of action provided such action is brought within a period of six weeks from date.28.2 ..... the present law has been enacted to honour the international convention and to minimize the hardship of the litigants as per as practicable and not by protracting the litigation by using one more or the ..... in 1996 the arbitration and conciliation act, 1996 came into force by which the domestic award as well as foreign award were brought under one act by repealing the 1940 act as well as 1961 act. ..... however, if one reads the preamble of the act as a whole the intention of the legislature would be clear .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1960Cal146
..... it has been argued before us that the expression 'arbitration procedure' in clause (c) of sub-section (1) of section 7 of the arbitration (protocol and convention) act, 1937 should be limited only to the procedure prescribed by statutory enactment and it has no reference to procedure which has its basis on principles of natural justice. ..... in my view the awards made by the umpire are not in conformity with the law governing the arbitration procedure and are not therefore enforceable in this country under the provisions of the arbitration (protocol and convention) act, 1937.43. ..... passed in a proceeding to enforce certain foreign awards under the provisions of the arbitration (protocol and convention) act, 1937.2. ..... in other words the contentionis that section 7(1)(c) of the arbitration (protocol and convention) act has not been satisfied.19. ..... 7 of the arbitration (pro-tocol and convention) act 1937 it will be convenient to set out the relevant portions of sec. ..... shafi had expressed inability to act as arbitrator on medical grounds and so the appellant had nominated mr. ..... croft had received information from both parties separately and he had heard them separately and in doing so he did not act in conformity with the arbitration procedure.34. ..... 10 of the english arbitration act 1950 was also sent to mr, agnihotri, and mr. .....
Tag this Judgment!Court : Kolkata
Reported in : 2001(2)ARBLR630(Cal)
..... chapters i and ii of part ii deal with matters earlier covered by the foreign awards (regulation and enforcement) act, 1961 and arbitration (protocol and convention) act, 1937.19. ..... from the following extract from the order :'it is clear from the provisions of the arbitration and conciliation act, 1996, is that the question whether or not a contract was at all entered into by and between the parties or whether there is an arbitration agreement between them, is a matter which has to be decided initially by the arbitrator.having regard to the aforesaid contentions as well as to the facts and circumstances of this case and in particular to the fact that respondents are both foreign companies with no assets ..... in respect of any of the following matters, namely :- (a) the preservation, interim custody or sale of any goods which are subject matter of the arbitration agreement;(b) securing the amount in the arbitration;(c) the detention, preservation or inspection of any property or thing which is the subject-matter of the dispute in arbitration, or as to which any question may arise therein and the authorising for any of the aforesaid purposes any person to enter upon any land or building in the possession of any party ..... the 1996 act replaced, after repealing, the arbitration and conciliation (third) ordinance, 1996, the earlier statutes governing international arbitrations as well as the arbitration act, 1940. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1959Cal8
..... the learned judge has held that neither under section 34 of the arbitration act, 1940, nor under section 3 of the arbitration (protocol and convention) act, 1937, could the appellant have the stay prayed for. ..... is that before a court stayed any proceeding under section 3 of the arbitration (protocol and convention) act, it had to be satisfied under the express terms of the section that there was a submission to arbitration in pursuance of an agreement to which the protocol applied and it, therefore, followed that if the agreement was such that the parties had elected thereunder to go to arbitration under the national statutes, the protocol could not apply to such an agreement and section 3 of the act also not applying in consequence, no question of stay under that section ..... the appellant pleaded further that it was subject to the jurisdiction of english courts whereas the respondent was subject to the jurisdiction of the courts in india and next contended that since both the countries were signatories to the protocol on arbitration clauses, signed in 1923 at geneva, and since the contract related to a commercial matter, section 3 of the arbitration (protocol and convention) act applied and under that section, the suit was liable to be compulsorily stayed. ..... 'it appears from the preamble to the act that india signed the protocol, subject to the reservation of the right to limit its obligations to contracts which are considered as commercial under the law in force in the country. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1957Cal240
..... (4) percy frederick cannier, (5)-william lensonarnold derby, (6) leonard ernest hart, and (7)anthony eugine myddelton gale under the indianarbitration (protocol and convention) act of 1937.it invokes section 3 of the indian arbitration (protocol and convention') act of 1937 for stay of a pending suit in this court. 2. ..... i cannot help feeling that the applicants were very badly advised in making the present application under section 3 of the indian arbitration (protocol and convention) act, 1937, and thereby chose a remedy which the law does not permit. 14. ..... on the contrary, this is an application under the arbitration (protocol and convention) act of 1937, and unless the applicants satisfy that the protocol applies in the present case, this application must fail. 9 ..... 240 (of air), [ said that submission to arbitration in pursuance to an agreement to which the protocol applied was basic to the very jurisdiction invoked under the arbitration (protocol and convention) act, 1937, of this country. ..... next reason is that the applicants have failed to satisfy this court that section 3 of the arbitration (protocol and convention) act 1937, can at all be invoked to the present case. ..... have little hesitation in holding that it does not contemplate protocol convention such as is contemplated by the arbitration (protocol and convention) act of 1937. 10. ..... next reason is that the entire appli- cation is incompetent and is misconceived under the indian arbitration (protocol and convention) act of 1937. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1956Cal644
..... section 35, arbitration act, 1940, did not apply, even then as the foreign arbitration had proceeded in spite of the notice of suit, it will be against both the law and the public policy in india under section 7, arbitration (protocol and convention) act, 1937 to allow the award to be filed and thereby to ..... 35, arbitration act, 1940, does not apply to arbitrations of the international chamber of commerce where the arbitration (protocol and convention) act of 1937 applies. ..... the matter is governed by the local arbitration act or the arbitration (protocol and convention) act is a question of law and the fact that the applicant plaintiff wrongly instituted the previous application under the local arbitration act would not alter the legal effect, if in law it is the protocol act which governs the rights of the ..... made by the present plaintiff under the local arbitration act, 1940, although the present application is under the arbitration (protocol and convention) act, because the award is a foreign award. ..... is treated as a suit under section 5, arbitration (protocol & convention) act, 1937.2. ..... arbitration (protocol & convention) act, 1937 ..... the application or the suit is for filing the award made is paris dated 18-2-1954 by the court of arbitration of the international chamber of commerce, paris under section 4, arbitration (protocol & convention) act which provides that any person interested in a foreign award may apply to any court having jurisdiction over the subject-matter of the award .....
Tag this Judgment!