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Search Results Judgments > Phrase:ARBITRATION AND CONCILIATION ACT, 1996 Section 13 Court:Chennai

Jun 20 2013

Embassy Property Developments Limited Vs. Jumbo World Holdings Limited

  • Decided on : 20-Jun-2013

Court : Chennai

... Section 11 of the Arbitration and Conciliation Act, 1996, for the appointment of an arbitrator. After an arbitrator had been appointed the arbitration proceedings had commenced. In the meanwhile the applicant had filed the original applications, under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim reliefs.15. It is the case of the fourth respondent in the original applications that, in the order passed under Section 11 of the Arbitration and Conciliation Act, 1996 ... arbitration provisions contained in Clause 13 of the Share Purchase Agreement relates to the resolution of disputes between the acquirer and the sellers. Thus, the appellant cannot be included as a party to the arbitral proceedings and to the provisions of Section 9 of the arbitration and Conciliation Act, 1996 ... section 9 of the Arbitration and Conciliation Act, 1996, could be before, or during the arbitral proceedings or at any time after the making of the arbitral award, but before it is enforced in accordance with Section 36 of the said Act. It had also been held that the court under section 9 of the Arbitration and Conciliation Act, 1996, only formulates interim measures so as to protect the right under adjudication before the Arbitral ...

Dec 13 2011

C.S.S. Corp Private Limited Vs. Space Matrix Design Consultants

  • Decided on : 13-Dec-2011

Court : Chennai

... Section 9 of Arbitration and Conciliation Act is wide and it cannot be restricted to the power conferred on the Court under Civil Procedure Code. 13. Section 9 of Arbitration and Conciliation Act enables the parties to approach the Court for certain interim measure of protection in respect of the enumerated remedies available thereon. Section 9 of the Act contemplates interim measure to protect and secure the amount in dispute in arbitration ... powers as prescribed in the Act of 1996. The procedural aspects provided in the Code about which the Act of 1996 is silent, needless to say, when the Court exercises its substantive power under the Act of 1996 shall be applicable but the guiding factor for exercise of power by the Court under Section 9(ii)(b) has to ... interim measure under Section 9(ii)(b) be made subject to the stringent provision of Order 38, Rule 5 CPC. It was further argued that power under Section 9 of Arbitration and Conciliation Act is wide and it cannot be restricted to the power conferred on the Court under Civil Procedure Code. 13. Section 9 of Arbitration and Conciliation Act enables ... Arbitration and Conciliation Act nor can power of the Court in passing an order of interim measure under Section 9(ii)(b) be made subject to the stringent provision of Order 38, Rule 5 CPC. It was further argued that power under Section 9 of Arbitration and Conciliation Act is wide and it cannot be restricted to the power conferred on the Court under Civil Procedure Code. 13. Section ...

Jun 05 2007

Andritz Oy, rep. through Power of Attorney Agent, Mr. Siraj Ahmad Vs. ...

  • Decided on : 05-Jun-2007

Court : Chennai

Reported in : 2007(3)ARBLR545(Madras)

... Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') and the Rules of Arbitration of International Chamber of Commerce. Section 2(1)(b) defines an 'arbitration agreement' to mean an agreement referred to in Section 7. Section 7 of the Act contains a detailed description of an arbitration agreement on the following lines:7. Arbitration agreement--(1) In this Part, 'arbitration agreement' means an agreement by the parties to submit to arbitration ... Act.35. In Firm Ashok Traders and Anr. v. Gurumukh Das Saluja and Ors. : AIR2004SC1433 (SO relied upon by the learned senior counsel for the applicant/first defendant, the Supreme Court held in paragraph 13 of the said judgment as follows:Under the scheme of the Arbitration and Conciliation Act the arbitration clause is separable from other clauses of the partnership deed. The arbitration ... arbitration of the dispute before the International Chamber of Commerce, Paris, in terms of Article 9.2 of the Joint Venture Agreement dated 06.12.1995. Therefore, the first defendant has come up with the present application under Section 45 of the Arbitration and Conciliation Act, 1996.7. Praying for an order referring the parties to arbitration under Section 45 of the Arbitration and Conciliation Act, 1996 ...

Apr 25 2013

NOTAVAILABLE Vs. NOT AVAILABLE

  • Decided on : 25-Apr-2013

Court : Chennai

... Arbitration; which Applicant has formally requested, but Respondent has disregarded 21. The BWPA incorporates an Arbitration Agreement between the parties for adjudication of disputes by a sole arbitrator in accordance with the Arbitration and Conciliation Act, 1996. BWPA Section 17.3 embodying the Arbitration Agreement between the parties is reproduced below: "17.3 Arbitration i. The Dispute shall be submitted to arbitration ... Section 9 of the Arbitration and Conciliation Act, as the relief is in the nature of asking for final relief, is not permissible under Section 9 of the Arbitration and Conciliation Act.17. The stand of the respondent is that under Clause 17(2) of the Bulk Water Purchase Agreement dated 13 ... Arbitration and Conciliation Act, 1996. BWPA Section 17.3 embodying the Arbitration Agreement between the parties is reproduced below: "17.3 Arbitration i. The Dispute shall be submitted to arbitration at the request of either Party upon written notice to that effect to the other Party (a "Notice of Reference") and be finally determined in accordance with the provisions of the UNCITRAL, Rules of International Arbitration ...

Nov 18 2013

Anugraha Engineers and Contractors Vs. Union of India

  • Decided on : 18-Nov-2013

Court : Chennai

... found in Section 34 of the Arbitration and Conciliation Act, 1996 in this case also. Section 34 of the Arbitration and Conciliation Act, 1996 reads as follows:34. Application for setting aside arbitral award - (1) Recourse to a Court against an arbitral award may be made only by an application for setting aside such award in accordance with sub-section (2) and sub-section (3). (2) An arbitral award ... been filed. As against the dismissal of Arbitration O.P.No.1/2009 relating to claim Nos.2A, 2B, 3, 5, 8, 10, 12, 13, 14 and 15, C.M.A.No.2830/2012 has been filed. Both the appeals came to be filed under section 37 of the Arbitration and Conciliation Act, 1996.4. The points that arise for ... Section 34 cannot set aside the award in part. Instead of making a bald reference to the said observation, this court deems it appropriate to refer to the provisions found in Section 34 of the Arbitration and Conciliation Act, 1996 in this case also. Section 34 of the Arbitration and Conciliation Act, 1996 reads as follows:34. Application for setting aside arbitral award - (1) Recourse to a Court against an arbitral ... section 34 in support of its view that the court dealing with an application under Section 34 cannot set aside the award in part. Instead of making a bald reference to the said observation, this court deems it appropriate to refer to the provisions found in Section 34 of the Arbitration and Conciliation Act, 1996 in this case also. Section 34 of the Arbitration and Conciliation Act, 1996 ...

Dec 04 2013

SBQ Steels Limited Vs. Goyal Gases Private Limited

  • Decided on : 04-Dec-2013

Court : Chennai

... arbitration agreement, cannot be roped in, either in the arbitration proceedings or in an application under Section 9 or even Section 11. The expression ".party". is defined in Section 2(1)(h) of the Arbitration and Conciliation Act, 1996, to mean a party to an arbitration agreement. The expression ".arbitration agreement". is defined in Section 2(1)(b) to mean an agreement referred to in Section 7. Section 7(1) of the Act defines an arbitration ... 13, North Avenue, Kesava Perumal Puram, Chennai-600 028. .. Applicant vs. M/s.Goyal Gases Private Limited, A-38, Mohan Co-operative Industrial Estate, Mathura Road, New Delhi-110 044. .. Respondent This original application is filed by the applicant under Section 9(ii)(d) of the Arbitration and Conciliation Act, 1996 ... Section 9 or even Section 11. The expression ".party". is defined in Section 2(1)(h) of the Arbitration and Conciliation Act, 1996, to mean a party to an arbitration agreement. The expression ".arbitration agreement". is defined in Section 2(1)(b) to mean an agreement referred to in Section 7. Section 7(1) of the Act defines an arbitration agreement to mean an agreement by the parties to submit to arbitration ...

Dec 09 2004

Videocon Power Limited, rep. by its Authorised Signatory, Mr. Kuldeep ...

  • Decided on : 09-Dec-2004

Court : Chennai

Reported in : 2005(3)ARBLR399(Madras); 2004(5)CTC668

... to be passed. Section 48 of the Arbitration and Conciliation Act, 1996 envisages certain conditions for enforcement of the foreign award. As far as the petitioner is concerned none of the conditions disable the petitioner from filing a petition for enforcement of the foreign award. Section 48 corresponds to Article V of the New York Convention and Section 7 of the 1961 Act. This Section adopts Article 36 of ... of Rs. 1,078,370/= and US$ 125,000. The legal cost also carried post award simple interest on the Indian Rupee amounts at 13% per annum and on the US$ amounts at 5% per annum. The arbitral tribunal unanimously rejected the respondent/judgment debtor's counter claim for declaratory reliefs and compensation.3. As per the Award dated 21.6.2004 ... defined under Section 44 of the Arbitration and conciliation Act 1996 and is governed by Chapter I of Part II of the said Act. The petitioner is thus entitled to seek the relief to record its satisfaction that the foreign award filed herein and marked as Annexure B is enforceable under Chapter I of Part II of the 1996 Act and on such recording the foreign arbitral award ... According to Clause (e) of sub-section (1) of Section 48 of the Arbitration and Conciliation Act, 1996 the competent authority to decide or suspend the award is the Courts of a country in which, or under the law of which, that award was made. Therefore for the purpose of the present case the reference sought under sub-section 3 of Section 48 to competent authorities for ...

Jun 09 2008

Tamil Nadu Electricity Board Vs. Kirloskar Constructions and Engineers ...

  • Decided on : 09-Jun-2008

Court : Chennai

Reported in : 2008(4)ARBLR355(Madras)

... Act has application to the proceedings governed under the Arbitration Act is no longer res integra.30. Section 37(1) of the Arbitration and Conciliation Act, 1996 provides that all provisions of the Indian Limitation Act, 1908 shall apply to arbitration as they apply to the proceedings in court. Under Section ... 088 Rejected 11. Claim No. 11 7,46,274 Rejected 12. Claim No. 12 17,78,000 7,00,000 13. Claim No. 13 6,48,365 2,40,000 14. Claim No. 14 7,62,554 Rejected 15. Claim No. 15 3,33 ... arbitrators considered that idling charges were the result of the idle labour resulting from the instructions of the petitioner. He also referred to the idling time which was purely on account of the petitioner that the arbitrators considered the same to grant the relief. He made a particular reference to the petition under Section 34 of the Arbitration and Conciliation Act, 1996 ... Section 34, confirm the award as it is. It may be noted that the arbitral tribunal consisted of experts in the field and chosen by the parties to the proceedings. As such, I do not find any illegality in the award granted by the body of experts demanding interference under any of the clauses under Section 34(2) of the Arbitration and Conciliation Act, 1996 ... agreement, it is not open to this court to interfere with the award in exercise of jurisdiction under Section 34 of the Arbitration and Conciliation Act, 1996.27. Heard learned Counsel appearing for both sides and perused the records.28. The issues raised herein need to ...

Sep 17 2013

Zuari Cement Limited Vs. India Cements Limited

  • Decided on : 17-Sep-2013

Court : Chennai

... for M/s.C.Ramesh and Harishankar ORDER This petition is filed under section 34 of the Arbitration and Conciliation Act, 1996 to set aside the award dated 30.7.2011 passed by the Arbitral Tribunal.2. The first respondent initiated the arbitration proceedings by invoking clause 13.2 of the marketing agreement dated 18.5.2002 for passing an award ... has rightly held that the provisions of the Evidence Act cannot be made applicable to the Arbitration proceedings as per section 16 of the Arbitration and Conciliation Act, 1996 and section 1 of the Evidence Act also bars the application of the Evidence Act to Arbitration proceedings and therefore, the Tribunal was right in holding that sections 91 and 92 cannot be a bar to ... Application under Section 34 of the Arbitration and Conciliation Act, 1996 for setting aside the Arbitration Award dated 30.7.2011. For petitioner : Mr.Solicopper, Senior Advocate for Mr.Arun Karthik Mohan For R1 : Mr.P.S.Raman, Senior Advocate for M/s.C.Ramesh and Harishankar ORDER This petition is filed under section 34 of the Arbitration and Conciliation Act, 1996 to set ... Arbitration and Conciliation Act, 1996 for setting aside the Arbitration Award dated 30.7.2011. For petitioner : Mr.Solicopper, Senior Advocate for Mr.Arun Karthik Mohan For R1 : Mr.P.S.Raman, Senior Advocate for M/s.C.Ramesh and Harishankar ORDER This petition is filed under section 34 of the Arbitration and Conciliation Act, 1996 to set aside the award dated 30.7.2011 passed by the Arbitral ...

Jun 09 2008

Kwality Spinning Mills Ltd. and Anr. Vs. India Cements Capital Finance ...

  • Decided on : 09-Jun-2008

Court : Chennai

Reported in : [2008]145CompCas288(Mad)

... arbitrator under Section 13(2) of the Arbitration and Conciliation Act, 1996, challenging the appointment of the second respondent as the arbitrator of the first respondent-company. This application was dismissed by the second respondent by order dated June 14, 2000.6. In June 2000, the petitioners filed another application under Section 22 of the Sick Industrial Companies (Special Provisions) Act ... Section 22 of the SICA, 1985 is not maintainable as Section 22 will not apply to arbitration proceedings initiated under the provisions of the Arbitration and Conciliation Act, 1996.18. The second respondent/arbitrator by order dated July 11, 2000, dismissed the petition by holding that Section 22 of the SICA, 1985 is not applicable to the proceedings initiated under the Act of 1996 ... arbitrator.17. The first respondent filed a counter-affidavit opposing the application, wherein they have stated that the said petition filed by the petitioners herein under Section 22 of the SICA, 1985 is not maintainable as Section 22 will not apply to arbitration proceedings initiated under the provisions of the Arbitration and Conciliation Act, 1996.18. The second respondent/arbitrator ...

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