Judgment Search Results Home > Cases Phrase: arbitration protocol and convention act 1937 repealed section 4 effect of foreign awards Page 1 of about 134 results (0.092 seconds)

Anita Garg Vs. M/S. Glencore GraIn Rotterdam B.V

Court : Delhi

..... the a&c act also consumes the provisions of the arbitration (protocol and convention) act, 1937 and the foreign awards (recognition and enforcement) act, 1961, both of which have been repealed by it. ..... the arbitration (protocol and enforcement) act, 1937 was enacted for the purpose of giving effect to the geneva protocol, 1923 and geneva convention, 1927. 9. ..... this is palpably for the reason that the ratio of lohia is practically fatal to the appellant's cause which is to the effect that the award rendered by an arbitral tribunal comprising of an even number of arbitrators is illegal and, therefore, liable to be set aside under section 34 of the a&c act. ..... this appeal assails the order of the learned single judge dismissing the appellant's objections under section 34 of the arbitration & conciliation act, 1996 (a&c act for short) challenging both the interim award dated 20.6.1997 as well as the final award dated 29.7.1997 passed by the london rice brokers' association (lrba). ..... by article vii of the new york convention, which is adverted to in section 44 of the a&c act, the geneva protocol 1923 and the geneva convention 1927 ceased to have effect between those contracting states which had acceded thereto. .....

Moolchand Exports (P)ltd., (In Liquidation), Rep. by Official Liquidat ...

Court : Chennai

Reported in : 2004(3)ARBLR564(Madras); [2006]131CompCas194(Mad); 2004(4)CTC690; (2004)4MLJ182

..... consideration in this appeal is as to the enforcement of an award dated 15.11.1995 passed by an arbitrator under the provisions of the foreign awards (recognition and enforcement act) 1973, which was enacted to give effect to the international convention on recognition and enforcement of foreign arbitral awards done at new york on 10.6.1958, in the context of section 85 of the arbitration and conciliation act, which reads as follows:-'section 85(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act, 1940 (10 of 1940) and the foreign awards (recognition and enforcement) act, 1961 (45 of 1961) are hereby repealed.section 85(2):- notwithstanding such repeal:- a) the provisions of the said enactments shall apply in relation to arbitral proceedings which commenced before this .....

Western Shipbreaking Corporation Vs. Clare Haven Limited, United Kingd ...

Court : Gujarat

Reported in : (1997)3GLR1984

..... 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. ..... both these acts refer to the effect of foreign award, and procedure for execution in india and its recognition as an award passed by domestic tribunal giving shape of decree and making enforceable, fulfilment of conditions before enforcement of foreign award and the evidence to be produced by the parties for arriving satisfaction qua enforceability and shaping foreign award as a decree of civil court for the purpose ..... is incumbent upon the party holding a foreign award to file a separate application and to produce evidence as contemplated under section 47 and also to fulfil the conditions laid down under section 48 and if the court is satisfied about enforceability then only such an award shall be deemed to be a decree under section 49 available for execution. ..... the judgment-debtor petitioner cannot be accepted for the simple reason that section 46 of the ordinance provides for presumption about enforceability and binding effect of foreign award. ..... the sake of arguments, if we refer to clause (a) to section 6 of the general clauses act, it is abundantly clear that when is saved by repealing clause is the right in force and in existence unless a different intention appears that the repeal shall not revive anything not in force and not in existence at the time at which repeal takes effect. .....

Padmavathi Constructions Vs. Andhra Pradesh Industrial Infrastructure ...

Court : Andhra Pradesh

Reported in : 1999(5)ALD609

..... 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. ..... according to him the said court does not have the jurisdiction as the appointment of the arbitrator as well as rendering of the award was effected after the provisions of the act were repealed. ..... according to the petitioner the appointment of the arbitrator must be with reference to the powers conferred upon the high court in the light of the provisions contained in section 11 of the arbitration and conciliation act, 1996 (act 26 of 1996) read with the scheme for appointment of arbitrators 1996, it was also stated that by virtue of the provisions contained in the arbitration and conciliation act, 1996 the act shall bedeemed to have come into force on 25thjanuaiy, 19%. ..... as the petitioner has no other effective remedy, it has filed the present writ petition and sought for the writ of prohibition.3. ..... as per the notification issued by the central government it came into effect from 25-1-1996. .....

National Project Construction Corporation Ltd. Vs. Royal Construction ...

Court : Delhi

Reported in : 2003IIIAD(Delhi)1; 2003(2)ARBLR158(Delhi); 104(2003)DLT382; 2003(71)DRJ522; 2003(2)RAJ334

..... the said section reads as under:' 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 (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 enactment ..... shall, to the extent to which they are not repugnant to this act ..... there is no vested right to have the foreign award enforced under the foreign awards act {foreign awards (recognition and enforcement) act, 1961.' 8. ..... the foremost question which needs to be considered is about the effect of section 85 of 1996 act will be on the present petition. .....

Housing and Urban Development Corporation Vs. Dsa Engineers (Bombay) a ...

Court : Delhi

Reported in : 95(2002)DLT656

..... 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. ..... by way of reasoned award and no objection was raised before the arbitrators about their composition in terms of section 10 of the act of 1996 was waived, the parties can not be allowed to blow hot and cold and as composition of the arbitrators in terms of section 10 of the act 1996 was waived, mr.kumar relied upon prasun roy v. ..... however, as regards the effect of section 85 of the 1996 act which provides that the provisions of the repealed enactments shall apply in relation to arbitral proceedings which commenced before this 1996 act came into force mr. ..... '(iv) section 85 of arbitration act of 1985 relates to the effect of repeal of the old act which is as under:-85. ..... chetan sharma, learned counsel for the respondent has refuted this contention by analysing the effect and meaning of the minutes of the meeting held on 2.2.2000 which according to him is that petitioner alone who made a request for a reasoned award and since both the parties did not consent in writing as contemplated under section 7 of the act of 1996 that they would be governed in terms of act of 1940, it was clause 90.1 of the agreement which governed the parties. .....

H.P. State Council for Child Welfare Vs. Unique Mixers and Furnaces Pr ...

Court : Himachal Pradesh

..... section 85 of the act, which deals with 'repeal and savings', provides :'(1) the arbitration (protocol and convention) act, 1937, the arbitration act, 1940, and the foreign awards (recognition and enforcement) act, 1961 are hereby repealed ..... of the provision contained in clause (a) of sub-section (2) of section 85 of the act, quoted above, shows that in spite of the repeal of the old act, the provisions of the said act would continue to apply to all arbitral proceedings which commenced before the coming into force of the act unless the parties had agreed to the applicability of the act to such arbitral proceedings.12. ..... advocate general, on the other hand, contended that since the award was made on 7.4.1998, by the arbitrator when the act had already come into force, the present case would be governed by the act and the present objection petition under section 34 of the act is maintainable.10. ..... (2) notwithstanding such repeal - (a) the provisions of the said enactments shall apply in relation to the arbitral proceedings which commenced before this act came into force unless otherwise agreed to 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 notification published under the said enactments shall, to the extent to which they are not repugnant to this act, be deemed respectively to have been ..... act came into force on and with effect from 25.1.1996 and the old act stood repealed .....

Purushottam S/O Tulsiram Badwaik Vs. Anil .

Court : Supreme Court of India

..... 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. ..... section 11(3) was attracted and the two appointed arbitrators were required to appoint a third arbitrator to act as the presiding arbitrator, failing which the chief justice of the high court or any person or institution designated by him would be required to appoint the third arbitrator as required by section 11(4) (b) of the new act. ..... second limb of first clause of said sub-section (2) further stipulates that notwithstanding such repeal the provisions of 1996 act would apply in relation to arbitral proceedings which commenced on or after 1996 act came into force.12. in m.m.t.c. ..... sub-section (2) stipulates inter alia that notwithstanding such repeal, the repealed enactment namely 1940 act would continue to apply in relation to arbitral proceedings which had commenced before 1996 act came into force unless the parties were to agree ..... rejection of application preferred by the appellant under section 8 of the arbitration and conciliation act, 1996 ( 1996 act for short) as affirmed by the high court of bombay at nagpur by its judgment and order dated 10.12.2015 in civil revision application no.88 of 2015, is under challenge in this appeal. 2 3 ..... at this stage, we may consider the provisions of section 85 of 1996 act which section is to the following effect: 85. .....

Mohammad Akil Khan Vs. M.P. Film Development Corporation Ltd.

Court : Madhya Pradesh

Reported in : AIR1999MP255; 2000(1)MPLJ54

..... it reads as under :--'section 85: repeal and savings- (1) the arbitration (protocol and convention) act, 1937, the arbitration act, 1940 and the foreign awards (recognition and enforcement) act, 1961 are hereby repealed. ..... in this appeal preferred under section 39 of the arbitration act, 1940 (hereinafter referred to as 'the act'), the non-applicant has called in question order dated 30-4-98 passed by the vith additional district judge, bhopal in civil suit no, 3/97 whereby he has come to hold that the provisions of the act is not applicable but the provisions of the arbitration and conciliation act, 1996 (hereinafter referred to as 'the act 1996') is attracted, and hence, the question of making the award rule of the court did not arise. ..... the arbitration and conciliation ordinance, 1995 was originally promulgated by the president of india as a law with effect from 25-1-96. ..... the rule making court framed as many as four issues and came to hold that the arbitration and conciliation ordinance had already come into effect by the time the learned arbitrator had entered into reference and, therefore, the provisions of the act would not be applicable. ..... eventually, the act came into force with effect from 22nd of august, 1996. .....

H.P. State Council for Child Welfare Vs. the Unique Mixers and Furnace ...

Court : Himachal Pradesh

Reported in : AIR2001HP22

..... section 85 of the act, which deals with 'repeal and savings', provides :--'(1) the arbitration (protocol and convention) act, 1937, the arbitration act, 1940, and the foreign awards (recognition and enforcement) act, 1961 are hereby repealed ..... reading of the provision contained in clause (a) of sub-section (2) of section 85 of the act, quoted above, shows that in spite of the repeal of the old act, the provisions of the said act would continue to apply to all arbitral proceedings which commenced before the coming into force of the act unless the parties had agreed to the applicability of the act to such arbitral proceedings.12. ..... advocate general, on the other hand, contended that since the award was made on 7-4-1998, by the arbitrator when the act had already come into force, the present case would be governed by the act and the present objection petition under section 34 of the act ismaintainable.10. ..... (2) notwithstanding such repeal-- (a) the provisions of the said enactments shall apply in relation to the arbitral proceedings which commenced before this act came into force unless otherwise agreed to 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 notification published under the said enactments shall, to the extent to which they are not repugnant to this act, be deemed respectively to have been ..... act came into force on and with effect from 25-1-1996 and the old act stood repealed .....