Court : Supreme Court of India
Reported in : AIR1971SC1; (1971)IIMLJ44(SC); (1969)3SCC562; [1970]3SCR53
..... in india the arbitration (protocol and convention) act, 1937 was enacted for the first time to give effect to the protocol and the convention of 1923 and 1927 respectively. ..... the arbitration (foreign awards) act, 1930 was enacted to give effect 'to a certain convention on the execution of arbitral awards and to amend sub-section (1) of section 1 of the arbitration clauses (protocol) act, 1924 which provision was described in section 8 as one 'for staying of legal proceedings in a court in respect of matters to be referred to arbitration under agreements to which the protocol applies'. ..... in the statement of objects and reasons it has been pointed out that the procedure for settlement through arbitration of disputes arising from international trade was first regulated by the geneva protocol on arbitration clauses 1923 and the geneva convention on the execution of foreign arbitral awards to which india was a party and which was given effect to in india by the arbitration (protocol and convention) act, 1937.7. ..... 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was an act to give effect to the protocol and there is respectable, though now antiquated, authority, namely, the repealed section 27 of the act of 1889, for giving a wider meaning to 'submission' if the context so requires. ..... this act of 1961 repealed the protocol act of 1937. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC860; 1994(2)ARBLR405(SC); [1994]81CompCas171(SC); 1993(4)SCALE44; 1994Supp(1)SCC644; [1993]Supp3SCR22
..... section 10 provides for repeal of the arbitration (protocol and convention) act, 1937, in relation to foreign awards to which the act ..... section 3 makes provision for stay of proceedings in respect of matters to be referred to arbitration ..... (e) been in respect of a matter which may lawfully be referred to arbitration under the law of british india,and the enforcement thereof must not be contrary to the public policy or ..... to be in london to begin on october 1, 1985 and both parties were summoned to appear before the arbitral tribunal.khaitan & partners, lawyers for renusagar sent a letter dated july 24, 1985 to the arbitral tribunal, wherein they stated that an indian civil court has seisin of the whole of the subject matter of the reference in this arbitration and submitted that in consequence the arbitral tribunal and icc had become functus officio and that no further proceedings in this arbitration should be taken by the arbitral tribunal. ..... notice of the appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to present his case; or(iii) the award deals with questions not referred or contains decisions on matters beyond the scope of the agreement:provided that if the decisions on matters submitted to arbitration can be separated from those not submitted, that part of the award which contains decisions on matters submitted to arbitrations may be enforced; or(iv) the composition of the arbitral authority or the arbitral procedure was not in accordance .....
Tag this Judgment!Court : Supreme Court of India
..... section 3 of the 1961 act dealing with a stay of proceedings in respect of matters to be referred to arbitration was confined in its application to legal proceedings in any court and the court had a wider discretion not to stay the proceedings before it ..... 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 ..... section 85 repeals the three enactments referred to above, subject to the appropriate saving clause and section 86 repeals ordinance 27 of 1996, the precursor of the act, subject to the appropriate saving ..... it repealed the arbitration act of 1899, schedule 2 of the code of civil procedure and also cls. (a) to (f) of ..... the end there are two repeal and saving sections. ..... 1940, the legislature enacted act x of 1940, repealing schedule 2 and s. .....
Tag this Judgment!Court : Supreme Court of India
..... section 3 of the 1961 act dealing with a stay of proceedings in respect of matters to be referred to arbitration was confined in its application to legal proceedings in any court and the court had a wider discretion not to stay the proceedings before it. ..... power of judicial authority respect of matters to be to refer parties to arbitration. ..... (protocol and convention) act, chapter ii of this part shall not 1937 (6 of 1937), shall cease apply in relation to foreign to have effect in relation to awards to which this chapter foreign awards to which this applies. ..... in a 1908 (5 of 1908), if any party matter in respect of which the to an agreement to which parties have made an article ii of the convention set agreement referred to in section forth in the schedule applies, 44, shall, at the request of one or any person claiming of the parties or any person through or under him claiming through or under him, commences any legal refer the parties to arbitration, proceedings in any court unless it finds that the said against any other party to the agreement is null and void, agreement or any person ..... repeal. .....
Tag this Judgment!Court : Delhi
..... section 3 of the 1961 act dealing with a stay of proceedings in respect of matters to be referred to arbitration was confined in its application to legal proceedings in any court and the court had a wider discretion not to stay the proceedings before it. ..... stay of proceedings in respect of matters to arbitration. ..... the arbitration (protocol and convention) act, 1937 (6 of 1937), shall cease to have effect in relation to foreign awards to which this act applies.11. ..... to which article ii of the convention set forth in the schedule applies, or any person claiming through or under him commences any legal proceedings in any court against any other party to the agreement or any person claiming through or under him in respect of any matter agreed to be referred to arbitration in such agreement, any party to such legal proceedings may, at any time after appearance and before filing a written statement or taking any other the proceedings, apply to the court to stay the proceedings and the court, unless satisfied ..... repeal. .....
Tag this Judgment!Court : Delhi
Reported in : AIR2002Delhi98
..... 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 ..... examine this question with reference to the provisions of section 6 of the general clauses act if it could be said that when the arbitral proceedings have commenced under the old act, a party has acquired a right to have the award given thereafter enforced under the old act. ..... , obligation or liability acquired, accrued or incurred under any enactment so repealed; or (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the repealing act or regulation had not been passed.' 12. ..... matter where there has been some transaction between the parties and the existence or the arbitration is in challenge, the proper course for the parties is to thrash out such question under section 16 of the act and not under section 11 of the act. ..... that be so, it was the discretion of the court to stay or not to stay the proceedings in the appropriate case and it was a fit case that such discretion should not be .....
Tag this Judgment!Court : Delhi
Reported in : AIR1994Delhi75; 1993(27)DRJ562; ILR1994Delhi131
..... stay of proceedings in respect of matters to be referred to arbitration - notwithstanding anything contained in the arbitration act, 1940, or in the code of civil procedure, 1908, if any party to an agreement to which article ii of the convention set forth in the schedule applies, or any person claiming through or under him commences any legal proceedings in any court against any other party to the agreement or any person claiming through or under him in respect of any matter agreed to be referred to arbitration in such agreement, any party to such legal proceedings may, at any time after appearance and before filing a written statement ..... by virtue of the provisions of section 10 of the fare act the arbitration, protocol and convention act, 1937 stand repeated in relation to foreign awards to which this act applies. 19. ..... section 10 as already noticed is a repealing section. 31. ..... vii repeals the geneva protocol and the geneva convention and while so doing provides as follows : '2. .....
Tag this Judgment!Court : Kerala
Reported in : 2003(3)ARBLR646(Kerala); [2004]122CompCas937(Ker); 2003(3)KLT289
..... 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 ..... arbitral proceedings or at any time after the making of the arbitral award but before it is enforced in accordance with section 36, apply to a court - (i) for the appointment of a guardian for a minor or a person of unsound mind for the purposes of arbitral proceedings; or(ii) for an interim measure of protection in respect of any of the following matters, namely:- (a) the preservation, interim custody or sale of any goods which are the subject-matter of the arbitration agreement;(b) securing the amount in dispute in the arbitration ..... appeal under section 39 of the arbitration act, 1940 is only provided in article 4 of schedule ii of the court fees act, in view of section 85 of the 1996 act, reference to 1940 act is applicable to the new act also and the decision ..... act (and from no others) to the court authorised by law to hear appeals from original decrees of the court passing the order:an order -(i) superseding an arbitration;(ii) on an award stated in the form of a special case;(iii) modifying or correcting an award;(iv) filling or refusing to file an arbitration agreement;(v) staying or refusing to stay legal proceedings where there is an arbitration agreement;(vi) setting aside or refusing to set aside an award:provided that the provisions of this section .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC683; 2007(2)AWC1683(SC); (2007)2CompLJ401(SC); (2007)146PLR442; 2006(14)SCALE267; 2006(4)SCALE267; [2007]73SCL219(SC); 2007(1)LC13(SC); 2007AIRSCW350; 2006(12)SCC642
..... act, however, is not as extensive as the english arbitration act.different statutes operated in the field in respect of a domestic award and a foreign award prior to coming into force of the 1996 act, namely, the 1940 act, the arbitration (protocol and convention) act, 1937 and the foreign awards (recognition and enforcement) act ..... the conditions which are required to be satisfied under sub-sections (1) and (2) of before the court can exercise its powers are:(1) there is an arbitration agreement;(2) a party to the agreement brings an action in the court against the other party;(3) subject-matter of the action is the same as the subject-matter of the arbitration agreement;(4) the other party moves the court for referring the parties to arbitration before it submits his first statement on the substance of the dispute. ..... it may be true that no formal application is required to be filed for initiating a proceeding under section 433 of the companies act as the recommendations therefore are made by bifr or aaifr, as the case may be, and, thus, the date on which such recommendations are made, the company judge applies its mind to initiate a proceeding relying on or on the basis thereof, the proceeding for winding up would be deemed to have been started; but there cannot be any doubt whatsoever ..... 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.the 1996 act is a complete code .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2003KAR4343
..... the said section reads as follows:'repeal and savings - (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. ..... therefore, the points for consideration in this revision are as follows:i) whether the arbitration proceedings in respect of an agreement dated 1.8.1995 can be commenced on or after commencement of the new act.ii) whether the defendant no. ..... (2) notwithstanding such repeal:a) the provisions of the said enactment 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) ail 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 under this act.' 13. ..... iv under section 8 of the arbitration and conciliation act, 1996, with a request to stay all further proceedings in the suit and refer the parties to arbitration in view of the arbitration clause contained in the agreement dated 1.8.1995, the plaintiff has opposed the said application. ..... the present suit is with respect to the matters agreed to be resolved by having recourse to arbitration under the arbitration and conciliation act, 1996. .....
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