Act, the law on arbitration in India was substantially contained in three enactments namely the Arbitration Act, 1940 , the Arbitration (Protocol and Convention) Act ... confined for domestic arbitration. So far as foreign arbitration is concerned, two Acts namely. The Arbitration Protocol and Convention Act, 1937 and the Foreign Awards
Section 20 of the 1940 Act is maintainable after the coming into force of Arbitration and Conciliation Act, 1996 , (Act 26 of 1996)?
(2) Whether ... final and binding and the arbitration shall abide by the law contained in the Arbitration Act, 1940 as amended from lime to time
Act in comparison to the 1940 Act and contends that the Parliament had envisaged strict implementation of the Arbitration clause. The discretion which was vested ... this led them to Arbitration Act, 1940 (Act for Short). However, the way in which the proceedings under the Act are conducted and without
Lease Agreement shall be settled by arbitration, in accordance with the provisions of the Indian Arbitration Act, 1940 or any statutory amendments thereof
and shall ... Lease Agreement shall be settled by arbitration, in accordance with the provisions of the Indian Arbitration Act, 1940 or any statutory amendments thereof and shall
arbitrator dying, neglecting or refusing to act or resigning or being unable to act for any reason, or his award being set aside ... discretion of the arbitrator.
(f) Subject as aforesaid, the Arbitration Act, 1940 and the rules thereunder and any statutory modifications thereof for the time being
been held as follows:
"The 1996 Act is very different from the Arbitration Act, 1940 . The provisions of this act, have, therefore ... relevant to refer to the UNTCTRAL Model Law rather than the 1940 Act"
In this case, the Apex Court held that under
Section 8 of the Act provides that the Court before which proceedings are -pending shall refer the same to arbitration if the application under Section ... Arbitration Act must be interpreted and construed independently of the 1940 Act and in fact, reference to the 1940 Act may lead to misconstruction
