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act, 1937, the arbitration act, 1940, and the foreign awards (recognition and enforcement) act, 1961 are hereby repealed .....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 act came into force on and with effect from 25.1.1996 and the old act stood repealed .....
Tag this Judgment!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act, 1937, the arbitration act, 1940, and the foreign awards (recognition and enforcement) act, 1961 are hereby repealed .....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 .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2009(1)ShimLC449
..... -(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 the time, the arbitrator gave his award dated 28th september 1996, arbitration act of 1940 stood repealed by the arbitration and conciliation act, 1996 as the act came into force on 22nd january, 1996. ..... however, in view of the peculiar facts and circumstances of the case, especially the fact that initially the appellant had filed objections under section 34 of the arbitration and conciliation act, 1996, the appellant may, if so advised, file fresh objections under section 34 of the act of 1996, along with an application seeking condonation of delay, under section 14 and 5 of the limitation act, 1963 and/or any other provision of law providing for condonation of delay in such a situation. ..... that means the arbitration clause as contained in the agreement is to the effect that in case the arbitration act, 1940 undergoes any amendment or is re-enacted subsequent to the execution of the agreement, the arbitration proceedings would be governed by such changed or re-enacted law.6. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2006(3)ShimLC165
..... 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 ..... was stated that arbitration act, 1940 stands repealed by section 85 of the arbitration and conciliation ordinance, 1996 and, therefore, the prior actions taken under the arbitration act, 1940 stood automatically ..... on behalf of the petitioner the main contentions raised are (i) that the proceedings are governed by the arbitration act, 1940 and not by the arbitration and conciliation act, 1996; (ii) that the arbitral tribunal was not properly constituted inasmuch as the arbitrator appointed by the respondent was not an architect as provided for in the arbitration agreement; (iii) that the arbitrators had gone beyond the scope of reference inasmuch as they had passed the claim in terms of the ..... case there can be no manner of doubt that the proceedings had commenced under the old act in terms of section 37(3) of the said act which reads as follows:37(3) for the purposes of this section and of the indian limitation act, 1908 an arbitration shall be deemed to be commenced when one party to the arbitration agreement serves on the other parties thereto a notice requiring the appointment of an arbitrator, or where the arbitration agreement provides that the reference shall be to a person named, or designated in the agreement ..... be noted that the act has come into force with effect from the date of .....
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