Court : Supreme Court of India
Reported in : AIR1970SC329; 1970CriLJ499a; (1969)3SCC419; 1SCR87
..... settled, mr. gardner sought support for his plea from the provisions of the geneva conventions act of 1960. that act was passed to enable effect to be given to the international conventions done at geneva in 1949. both india and portugal have signed and ratified the conventions. mr. gardiner relies on the provisions of the fourth schedule relative to the protection of certain persons in time of war. he refers ..... may, therefore, say a few words about the geneva conventions, particularly schedule iv, which deals with the protection of civilian persons in time of war. in the past protection of civilian population was inadequately provided in conventions and treaties. the four conventions came at different times, the oldest in 1864 and the last in 1949. the fourth hague convention of 1907 contained articles 42-56, but this protection ..... in particular to articles 1, 2, 4, 6, 8, 47 and 49. by articles 1 .....Tag this Judgment!
Court : Chennai
Reported in : 2007(3)ARBLR545(Madras)
..... it finds that the agreement is null and void, inoperative or incapable of being j performed. the convention detailed in the first schedule to the act applies to such cases.47. under section 54, which applies to international commercial arbitration between contracting states under the geneva convention, the judicial authority is obliged to refer the parties to arbitration, but such reference shall not prejudice ..... and was discharged under the doctrine of frustration would still have to be decided under the arbitration clause which operates in respect of such purposes.thus, in respect of the fourth category of agreements, the issue is no longer res integra and it stands settled by the aforesaid decision of the supreme court. ^43. therefore, in fine, i hold ..... the provisions of law, fraudulent, involving or implying injury to the person or the property of another, immoral or opposed to public policy; (iii) lack of consideration for the contract; (iv) restraint of marriage, trade or legal proceedings; (v) uncertainty; (vi) wager; (vii) contingent on impossible events; (viii) contingent on an uncertain event that fails to happen within a ..... not, considered as commercial under the law in force in india, made on or after the 11th day of october, 1960--(a) in pursuance of an agreement in writing for arbitration to which the convention set forth in the first schedule applies, and(b) in one of such territories as the central government, being satisfied that the reciprocal provisions have been .....Tag this Judgment!
Court : Supreme Court of India
..... bringing, with certain important changes, domestic awards within part i, foreign awards relatable to the new york convention within chapter i of part ii, and foreign awards relatable to the geneva convention within chapter ii of part ii. in the present act, under section 2(1)(c), arbitral award is defined as follows: 2. definitions. (1) in this part, unless the context otherwise ..... this act, unless the context otherwise requires, foreign award means an award on differences between persons arising out of legal relationships, whether contractual or not, considered as commercial under the law in force in india, made on or after the 11th day of october, 1960 (a) in pursuance of an agreement in writing for arbitration to which the convention set forth in the schedule ..... with, the award. under chapter iii, arbitration with intervention of a court where there is no suit pending is dealt with, and in chapter iv, arbitration which arises in references from suits is dealt with. this act, like its predecessors, also applied only to awards that were made first in british india, and later in the territory of india except the ..... the previous sanction of the governor-general in council, may, by notification in the local official gazette, declare this act applicable in any other local area as if it were a presidency- town. section 4 of the said act states as follows: 4. definitions. in this act, unless there is anything repugnant in the subject or context,- (a) the court means, in the presidency- .....Tag this Judgment!
Court : Chhattisgarh
Reported in : AIR2005Chh21; 2006(1)MPHT18(CG)
..... october, 1960 in pursuance of an agreement in writing for arbitration to which the convention set forth in the first schedule applies as would be clear from section 44 in chapter-i of part-ii of the indian act. he further submitted that chapter-ii of part-ii of the indian act relates to geneva convention awards and ..... in india between coal india limited and white industries australia limited for developing an open cast coal mine at piparwar in india. clauses 3.2 and 4.1 in the said agreement provided as follows :'3.2 should the parties fail to reach an agreement within thirty (30) days after the dispute ..... , the respondent applied for leave to seek interim relief under section 44(2)(e) and section 44(4) of the english act and no objection was taken by the appellant that section 44 of the english act did not apply. he submitted that in course of the arbitration proceedings, the respondent also applied to ..... be governed according to the laws of india.'after the arbitration was held in london and the first partial award dated 8-4-2002 was made by the international court of arbitration of the international chamber of commerce, nirma filed an application under section 34 of the indian ..... , 1999 that the arbitration to proceed in accordance with sections 21(2), (3) and (4) of the english arbitration act.45. on july, 18th, 2000 mr. redfern acknowledged the respondent's confirmation that it wished me to act as umpire as opposed to chairman, mr. redfern observed that the wording of the respondent's .....Tag this Judgment!
Court : Delhi
Reported in : 2008(3)ARBLR37(Delhi); 2008(105)DRJ446
..... plea that the petitioner company is registered in panama and is carrying on its business from there and panama is not a reciprocating territory either under the new york convention or under the geneva convention. it is also submitted that panama has not been recognized as a reciprocating territory by the government of india and, thereforee, provisions of part ii, chapter i of ..... under the geneva convention. panama has also not been recognized as a reciprocating territory by the government of india, thereforee, provisions of part ii, chapter i of the 1996 act are not applicable. the validity of the award is also challenged on the ground that the very constitution of the arbitral tribunal was contrary to the charter party agreement between ..... or after the 11th day of october, 1960.2. it must be on differences between persons arising out of legal relationships, whether contractual or not, considered as commercial under the law in force in india3. it must have been made pursuant to an agreement for arbitration to which the convention set forth in the first schedule applies.4. it must have been made in ..... the 1996 act are not applicable.this submission of the objector is factually incorrect inasmuch as requisite documents were produced by the petitioner, which show that panama is recognized as a .....Tag this Judgment!
Court : Mumbai
..... or in full, part i and part ii of the arbitration act. part i covers sections 1 to 43. part ii covers sections 44 to 60. part ii deals with the aspect of enforcement of certain foreign awards covering new york convention awards and geneva convention awards. part 'i' deals with the domestic award and the finality ..... as commercial under the law in force in india, made on or after the 11th day of october, 1960 ?? (a) in pursuance of an agreement in writing for arbitration to which the convention set forth in the first schedule applies, and (b) in one of such territories as the central government, being satisfied that reciprocal provisions ..... date of the actual payment by the respondent). this arbitral award is final and shall enter into force as of the date when it is made. ? 4 the judgment-debtor have filed suit no.2358 of 2010 in the high court of judicature at bombay (o.o.c.j.) against the decree holder. ..... applicant usd 34,884 for its part of the arbitration fee. the amounts that the respondent should pay the applicant stipulated in items (i), (ii), (iii), (iv), (v) and (vii) of the arbitral award should be paid up within 30 days after the date when the arbitral award is made. if the respondent delays ..... to mumbai higher court (calculated at the annual interest rate of 6% from september 16, 2010 to the day when the bank draft is returned); (iv) the respondent shall compensate the lawyer's fee of usd 41,729.26 paid by the applicant for dealing with the situation in india caused to the .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1983Bom36; (1982)84BOMLR246
..... were contractual or not.17. in order to give effect to this new convention, which was adopted on 10th june 1958 and ratified by india on 13th july 1960, the parliament enacted the 1961 act. under section 4 of this act a foreign award was subject to the provisions of the act made enforceable in india as if it were an award made in a ..... not, which are considered as commercial under the national law of the state making such declaration.'the apparent difference between the provisions of the new york convention and the geneva protocol was that while under the geneva protocol, differences which may arise only in connection with a contract relating to commercial matters or to any other matter capable of settlement by arbitration ..... business as manufacturers shall also be treated as commercial causes'. reference was also made to the commercial document evidence act, 1939,. this act has a schedule which enumerates a large number of documents and s. 2 provides that notwithstanding anything contained in the indian evidence act, 1872. statement of facts in issue or of relevant facts made in any document included in the ..... 28th day of july. 1924 - (a) in pursuance of an agreement for arbitration to which the protocol set forth in the first schedule applies, and (b) & (c) .................................... therefore. a foreign award for the purposes of the 1937 act could be only an award given on differences relating to matters considered as commercial under the law in force in india.15. in .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1971SC1; (1971)IIMLJ44(SC); (1969)3SCC562; 3SCR53
..... execution of foreign arbitral awards of 1927. in this act the definition of 'submission' contained in the act of 1889 was omitted. by section 32 'arbitration agreement' was ..... . section 4(2) of this act provided for stay when legal proceedings were commenced in court by any party 'to a submission to arbitration made in pursuance of an agreement to which the protocol set out in the first schedule to this act applies'. the schedule to this act contained the geneva protocol on arbitration clauses of 1923 and the geneva convention on the ..... act unless the context otherwise requires, 'foreign awards' means an award on differences between persons arising out of legal relationships, whether contractual or not, considered as commercial under the law in force in india made on or after the 11th day of october 1960--(a) in pursuance of an agreement in writing for arbitration to which the convention set forth in the schedule ..... applies and(b) in one of such territories as the central government being satisfied that reciprocal provisions have been made may, by notification in the official gazette, declare to be territories to which the said convention applies.'section .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1983Guj34; (1983)1GLR292
..... the secretary general of united nations on july 13, 1960. the geneva convention was to cease to have effect between the contracting states on their becoming bound by the new york convention. therefore, foreign awards act, 1961 was required to be put on the statute book to replace the arbitration (protocol and convention) act, 1923. the convention was meant to apply recognition and enforcement of arbitral ..... learned counsel for the 1st and fourth defendants that the conditions which are specified in section 3 of the foreign awards act are satisfied. the essential pre-requisites which should be satisfied before section 3 can be invoked are: firstly, the existence of an agreement to which article 2 of the convention set forth in the schedule applies. secondly, the commencement of ..... the dispute between the plaintiffs and the said defendants to arbitration. the exercise of discretion by the court to stay the suit as prayed for by the first and fourth defendants would inevitably result into the dispute in the suit being tried before two forums, one before this court and another before the domestic tribunal of arbitrators appointed by ..... said difference as should be made on or after 11th october 1960; (iii) that the award is made in pursuance of an agreement in writing for arbitration to which the convention set forth in the schedule applies; and (iv) that the award should have been made in such territories to which the convention has been made applicable by the central government. it was, .....Tag this Judgment!
Court : Mumbai
Reported in : 1995(3)BomCR686; 92CompCas402(Bom); 1995(2)MhLj644
..... the area of recognition and enforcement of foreign awards. this was to remedy the defects in the geneva convention of 1927, which hampered the speedy settlement of disputes. this came to be ratified by india in 1960. india has embodied the provisions of the convention in the act of 1961. the definition of foreign award contained in section 2 is as follows : '2. definition. - ..... : 1scr432 . the original contract postulated payment of interest till payment and the effect of the order of the government of india dated august 1, 1969, was that the original schedule of payment remained operative. however, interest was also awarded for delayed payment of instalments. it was contended that payment of the same was violative of the fera and against the ..... intercourse including the transportation, purchase, sale, exchange of commodities and supply of information and technical assistance between subjects of different states. even stroud's judicial dictionary of words and phrases (fourth edition), volume i, gives one of the meanings of 'commercial' as 'whenever capital is to be laid out on any work and a risk run of profit or loss, ..... a. the appointment was made by letter called 'first submission agreement'. arbitration agreement came to be entered into between the parties on november 17, 1989, called 'second submission agreement'. 4. it seems that respondents nos. 1 and 2 tried to stall the arbitration proceedings by going before the supreme court of the state of new york, county of nassau, u .....Tag this Judgment!