Court : Supreme Court of India
Reported in : 2009(6)ALT33; 2009(3)AWC2650(SC); JT2009(7)SC475; 2009(8)SCALE20; (2009)6SCC69; 2009(5)LC2337(SC)
..... judge as also of the then chief justice of jharkhand high court stand modified to the aforesaid extent.9. we are informed that the petition under section 34 of the arbitration and conciliation act, 1996, is now lying in the registry of the high court of jharkhand. the same shall be transmitted immediately to the district judge in terms of this order.10. the ..... challenge.6. we are unable to accept the aforesaid contention which is found to be prima facie untenable in view of and in the light of the provisions of the arbitration and conciliation act, 1996. the said application under section 34 is to be filed before a court which is empowered and has jurisdiction to entertain and decide such objection filed under section 34 ..... the then chief justice dismissed the said appeal on the ground that the aforesaid application under section 34 or appeal under section 34 or appeal under section 37 of the arbitration and conciliation act, 1996, is not maintainable before the high court. in other words, according to the chief justice the same should have been filed before an appropriate court as envisaged under the ..... provision of the arbitration and conciliation act, 1996.5. counsel appearing for the appellant has submitted before us that since the aforesaid appeal which the appellant had filed was an appeal under section 37 of the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2008(3)ARBLR375(SC); 2008(4)AWC3933(SC); JT2008(9)SC339; (2008)8MLJ128(SC); 2008(11)SCALE777; 2008AIRSCW5722
..... and k.k. modi v. k.n. modi and ors. : 1scr601 ('there are, of course, the statutory requirements of a written agreement.... vide section 2 arbitration act, 1940 and section 7 arbitration and conciliation act, 1996.')62. the respondent makes much of the fact that the 'faxed cpa' of august 22nd is (1) a copy, not the original; (2) is stamped by one, ..... no surprise that the parties have not objected to the same in the instant case.60. section 7 of the arbitration and conciliation act, 1996 (26 of 1996) provides:(1) in this part, 'arbitration agreement' means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, ..... firm) (2000) 2 all er 109, at page 115 (hl)]. as i mention below, one of the main objectives of the arbitration and conciliation act, 1996 is to minimise the role of the court; adding additional requirements to the act is antithetical to such a goal.65. second, the plain language of section 7 once again governs my conclusion. section 7 does not ..... dalveer bhandari, j.1. great offshore limited has filed a petition under section 11 (5)((6)(9) and (12) of the arbitration and conciliation act, 1996 whereby the applicant seeks the appointment of a sole arbitrator. the applicant, great offshore ltd., submits that it has entered into a charter party agreement with the respondent, iranian offshore engineering & construction company. the charter party agreement ('cpa .....Tag this Judgment!
Court : Patna
v.n. sinha, j. 1. this is an application under sub-section (6) of section 11 of the arbitration and conciliation act, 1996 (hereinafter referred to as the act) for appointment of an arbitrator under the arbitration clause 30 of the development agreement dated 2.9.2002, annexure-1 and it has been placed before me as the nominee of hon'ble the chief justice to consider ..... the request of the applicant (builder) to appoint an arbitrator as the other party to the agreement, dated 2.9 ..... scc 618 that the nominee of the chief justice has to apply his own mind as regards the existence of the arbitration clause in the agreement and if he is satisfied that there exists a valid arbitration clause which has not been acted upon by the parties then only a reference is required to be made. in this connection, he has further relied ..... on another judgment of the hon'ble supreme court in the case of rodemadan india limited v. international trade expo centre limited reported in 2006(3) supreme 484. according to him, the applicant desired to invoke arbitration clause in .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2005SC3353; 2005(5)ALD1(SC); 2005(5)ALLMR(SC)876; 2005(3)ARBLR81(SC); 2005(3)AWC2996(SC); 2005(3)BLJR1934; 2005(6)BomCR839; (2006)2GLR1312; JT2005(6)SC486; 2005(6)KarLJ5
..... 89 (2) provides that where a dispute has been referred for arbitration or conciliation, the provisions of the arbitration and conciliation act, 1996 (for short '1996 act') shall apply as if the proceedings for arbitration or conciliation were referred for settlement under the provisions of 1996 act. section 8 of the 1996 act deals with the power to refer parties to arbitration where there is arbitration agreement. as held in p. anand gajapathi raju and ors ..... including settlement through lok adalat; or(d) mediation.(2) where a dispute has been referred--(a) for arbitration or conciliation, the provisions of the arbitration and conciliation act, 1996 (26 of 1996) shall apply as if the proceedings for arbitration or conciliation were referred for settlement under the provisions of that act;(b) to lok adalat, the court shall refer the same to the lok adalat in accordance with the ..... . v.p.v.g. raju (dead) and ors. : 2scr684 , 1996 act governs a case .....Tag this Judgment!
Court : Delhi
Reported in : 2002(61)DRJ573
..... division bench, was the fact that parties had expressed their intention in their claims and replies that proceedings were under the arbitration and conciliation act, 1996. the proceedings were also conducted by the arbitrator under the arbitration and conciliation act, 1996. thereforee, the abovenoted findings came into being. in the present case in hand, there is nothing to indicate that parties ..... . identical indeed is the position herein. under section 21 of the arbitration and conciliation act, 1996, the arbitral proceedings commences hen a request for the dispute to be referred to the arbitration is received by the respondent. once the arbitral proceedings had commenced before the arbitration and conciliation act, 1996, then the arbitration act, 1940 would continue to apply, keeping in view the strict provisions ..... aggarwal, j.1. the short question that seeks an answer is as to whether in the facts of the case in hand the provisions of the arbitration act, 1940 or the arbitration and conciliation act, 1996 would apply.2. this question arises on basis of the facts that on 22.11.1995, m/s. good value engineers (for short 'the ..... controversies, it deserves a mention that on behalf of the union of india, an objection had been raised that the arbitral proceedings under the arbitration act, 1940 were illegal and without jurisdiction because the arbitration and conciliation act, 1996 had come into force. so far as this particular contention is concerned, it has to be taken note of and .....Tag this Judgment!
Court : Mumbai
Reported in : 2000(2)BomCR219; 1999(3)MhLj216
..... clearly lays down that before the arbitral tribunal a party can always raise the ..... the arbitration and conciliation act, 1996. 24. with regard to the fourth argument that if it is construed that this is not an arbitration agreement under section 7 of the arbitration and conciliation act, 1996 then no petition is maintainable under section 34 of the arbitration and conciliation act, 1996. in this context if one were to read section 16 of the arbitration and conciliation act, 1996 which ..... impugned award dated 17th september, 1998 though termed as an award will not be an award and hence cannot be challenged under section 34 of the arbitration and conciliation act, 1996 and also the respondent no. 1 should be permitted to avail of such a remedy that may be available to enforce such an agreement. 21. ..... learned counsel for respondent no. 1 submitted that the settlement dated 27th may, 1998 is a valid agreement containing an arbitration clause and also the same is an arbitration agreement under section 7 of the arbitration and conciliation act, 1996. according to mr. thakkar the said agreement dated 27th may, 1998 creates certain legal relationship between the petitioners and .....Tag this Judgment!
Court : Mumbai
Reported in : AIR2009Bom42; 2008(6)ALLMR856; 2008(4)ARBLR398(Bom); 2008(6)BomCR551; 2008BusLR40(Bom); 2008(6)MhLj867:2009(2)AIRKarR55(F.B).
..... article 1(f)(iii) of schedule ii of the bombay court fees act is applicable to the petitions filed under section 34 of the 1996 act and not article 3 of schedule i of the bombay court fees act. it was submitted that the arbitration act,1940 has been repealed and re-enacted by the arbitration & conciliation act,1996. it was submitted that remedy to challenge an award was by ..... way of an arbitration petition under section 33 of the 1940 act, and since the court is considering the issue as to which article of bombay ..... court fees act is attracted to a petition challenging an award under section 34 of the 1996 act, the court would have to .....Tag this Judgment!
Court : Mumbai
Reported in : 2003(1)BomCR330; 119CompCas766(Bom)
..... that : firstly, section as of the arbitration and conciliation act, 1996, repeals the arbitration act, 1940. the 1940 act has been re-enacted with modification by the 1996 act, and secondly, the special courts act contained references to the 1940 act. this being the position it must follow that the reference to the arbitration act, 1940 in section 9b of the special courts act must be construed as a reference to ..... that court and no other court.22. this submission, is fully supported by a reading of section 42 read with section 2(e) of the act, which defines court. section 2(e) of the arbitration and conciliation act, 1996, reads as follows :'2. (e) 'court' means the principal civil court of original jurisdiction in a district and includes the high court ..... s.a. bobde, j.1. heard mr. thakkar, learned senior counsel for the inter-vener. intervention application is allowed.2. the petition under section 9 of the arbitration and conciliation act, 1996, is moved by ganjam trading co. pvt. ltd, the petitioner abovenamed, seeking, inter alia, a direction to the respondents, i.e., panther investrade ltd. and ketan ..... where a person has been notified under section 3(2) of the special courts act and he is said to have entered into an arbitration agreement a court as defined by the arbitration and conciliation act, 1996, does not have jurisdiction to entertain arbitration proceedings arising out of an arbitration agreement entered into by such a notified person.21. mr. dhond next contended that .....Tag this Judgment!
Court : Mumbai
Reported in : 2003(2)BomCR81
..... statement of claim by dsl. the same position is reiterated in several affidavits and applications including those which emanate from mseb; (3) the arbitration and conciliation act, 1996 is a code in itself. the arbitral tribunal has not been entrusted with the power to take steps in aid of the execution and enforcement by its orders. the only circumstance ..... disposal.2. the question which this court is called upon to decide in these proceedings is whether an arbitral tribunal constituted under the arbitration and conciliation act, 1996 is empowered by the provisions of the act to suspend the hearing of the arbitral proceedings and, in the alternate, whether the court exercising jurisdiction under section 9 can issue a direction to ..... to exist, bordering on contumacious behaviour.52. the question as to whether a provision which is analogous to section 9 of the arbitration and conciliation act, 1996 would include the power to grant a stay of the arbitral proceeding, came up for consideration in england in a judgment of the queen's bench division commercial court) in (richco international ..... to refer to some of the salient features of the arbitration and conciliation act, 1996. the act as its long title would indicate, is an act 'to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards as also to define the law relating to conciliation and for matters connected therewith or incidental thereto'.27. .....Tag this Judgment!
Court : Mumbai
..... proceed to record our answers to the questions framed as follows:1. the judicial discretion vested in the court in terms of the provisions of section 34 of the arbitration and conciliation act, 1996 takes within its ambit power to set aside an award partly or wholly depending on the facts and circumstances of the given case. in our view, the provisions of ..... are applicable as general rules of interpretation and they would have to be applied to the language of a particular statute, in the present case to the provisions of arbitration and conciliation act, 1996, while keeping in view the facts of the case in hand. therefore, we will have to examine what meaning and application can be permitted to the provisions of ..... arise for consideration before this larger bench is ; (1) whether doctrine of severability can be applied to an award while dealing with a petition under section 34 of the arbitration and conciliation act, 1996; and (2) what is the scope of proviso to section 34(2)(iv) and whether its application is restricted to clause (iv) alone or it applies to the ..... code.the said provision however, was repealed by section 49 and schedule iii of arbitration act (10 of 1940). the arbitration act of 1940 itself was repealed by section 85 of the arbitration and conciliation act, 1996, hereinafter referred to as the `act'. this act comprehensively amended the then existing law in relation to arbitration and provided for a complete methodology and mechanism which would govern right from the .....Tag this Judgment!