provisions of the Arbitration Act, 1940 (Act X of 1940). The title of the Act mentions that it is an Act to consolidate and amend ... Section 21 of the Specific Relief Act expressly says that except as provided by the Arbitration Act, 1940 , no contract to refer present or future
Moreover, an examination of the relevant provisions of this Act and the Arbitration Act, 1940 mill show that the schemes of the two Acts ... Arbitration Act may not help in deciding the issue arising under the Foreign Awards Act because just as the Arbitration Act, 1940 is a consolidating
Act, 1992 are nothing akin to
"Arbitration" within the meaning of the Arbitration Act, 1996
or its predecessor, the Arbitration Act, 1940 . This ... Arbitration Tribunal Act,
1992 would prevail over the general law governing the
Arbitration and Conciliation under the then Arbitration Act,
1940 ,repealed and substituted
appeal under Section 39 (vii) of the old
Arbitration Act ' 1940 against the judgment and decree dated
22.04.2009 passed by the Second Additional Senior ... acted arbitrarily, irrationally,
independently or capriciously of the contract even under the
old regime of Arbitration Act . In a case where the Arbitrator
acted beyond
Act
repealed the 1940 Act (10 of 1940). Sub-section (2),
however, notwithstanding such repeal makes the 1940
Act applicable in relation to arbitral proceedings ... arbitration
agreement and such dispute should be referred to
arbitration in accordance with the arbitration
agreement. Although under Section 34 of the 1940 Act
Section 3 of he Arbitration (Protocol and Convention) Act, 1937 and/or Section 34 of the Indian Arbitration Act, 1940 and/or Section ... under Section 3 of the Arbitration (Protocol and Convention) Act, 1937 or Section 34 of the Indian Arbitration Act, 1940, would not apply
Arbitration and Conciliation Act, 1996 are
relevant in the present case.
Section-17
of The Arbitration Act, 1940 is reproduced here-in-below ... Arbitration Act, 1996 , post-procedure of
declaring award, filing of award, pronouncement of judgment, drawing
of a decree would arise under The Arbitration Act, 1940
provided by the proviso to Section 47 of the Arbitration Act (Act 10 of 1940) according to which "an arbitration award otherwise obtained ... provided by the proviso to Section 47 of the Arbitration Act (Act 10 of 1940) according to which 'an arbitration award otherwise obtained
Limitation Act, 1963 , it becomes clear beyond
all doubts that Section 5 applies
to applications made under the Arbitration Act, 1940 , and specified
in Article ... Limitation Act, 1963, which is reproduced as under:-
"119.
Under the Arbitration Act, 1940 -
(Description
of suit) (Period of limitation) (Time from which period
Arbitration Act, 1996. It is required to be noted that the defendants
neither made any application under Section 34 of the Arbitration Act,
1940 ... challenging existence of
arbitration or effect thereof and no specific application under
Section 34 of the Arbitration Act, 1940 was made. It appears from
