follow, we hold :
1. The provisions of the old Act (Arbitration Act, 1940 ) shall apply in relation to arbitral proceedings which have commenced before coming ... 1940 Act to emphasise his contention that the Orders dated 24.5.1999 could only have been passed on the invocation of the 1940 Act. He placed
inherent right to
appeal. Accordingly, Section 39 of the repealed Arbitration Act,
1940 which had provided for a limited scope of appeal before the
appellate ... statutes. The Arbitration Act which is
a consolidating and amending Act, being substantially in
the form of a code relating to arbitration must be
construed
Arbitration and Conciliation Act 1996. They are reproduced for easy comparison.
Section 30 of the Arbitration Act, 1940.
Grounds for setting aside award:- An award ... view of the Apex Court: "The 1996 Act is very different from the Arbitration Act, 1940 . The provisions of this Act have, therefore
Arbitration Act,
1940 . The provisions of this Act have, therefore, to be
interpreted and construed independently and in fact
reference to 1940 Act may actually ... UNCITRAL MODEL LAW rather than
1940 Act.
7. The departure made by the 1996 Act from the Act of 1940
vis-à-vis grounds
repealed Arbitration Act, 1940 and Section 9(b) of the Foreign Awards (Recognition and Enforcement) Act 1961 (hereinafter referred to `FARE Act'), which excludes ... made on an arbitration agreement governed by the law of India."
Such an award necessarily falls under the Arbitration Act, 1940 , and is amenable
pithily
observed that the arbitration did not commence through a petition
under Section 20 of the Arbitration Act, 1940 (‗Act' for short ... stage of
arguments inasmuch as, under Section 30 of the
Arbitration Act, 1940 objections to the award could be
filed by the parties within
under Section 34 of the 1940 Act and Section 8 of the 1996 Act. Section 34 of the
1940 Act provided for filing an application ... 1940 Act. In striking contrast to the said scheme underlying
the provisions of the 1940 Act, in the new 1996 Act, there is no provision
1997, (being the petition under Section 14 of the Arbitration Act, 1940) through its Commissioner (Respondent No.1) and its Commissioner (Slum & JJR) (Respondent ... Act can be invoked for condoning the delay in filing a petition to set aside an award under Section 33 of the Arbitration Act, 1940
Authority (DDA) filed Objections under Section 30 and 33 of the Arbitration Act, 1940, which were numbered as I.A. 11630/91. Issues were framed ... Arbitration Act. In spite of S.43 , Arbitration Act, such provisions of the Code as are not consistent with the provisions of the Arbitration Act
Arbitration Act. In spite of Section 43 , Arbitration Act, such provisions of the Code as are not consistent with the provisions of the Arbitration Act ... Act can be invoked for condoning the delay in filing a petition to set aside an award under Section 33 of the Arbitration Act, 1940
