whether this bar would apply to arbitration proceedings pending under sections 14 and 17 of the Arbitration Act, 1940 as well? In both the appeals ... arbitrators have rendered their awards after the arbitration proceedings which were conducted under the Arbitration Act, 1940 . Arbitration awards were filed in the Court
shape of the Arbitration and Conciliation Act . The relevant clause of the Arbitration reads:-
Subject as aforesaid, Arbitration Act, 1940 and the Rules there under ... Arbitration and Conciliation Act, 1996 before coming into force of the said Act, the matter would be governed by the Arbitration Act, 1940 . The findings
indicate how Arbitration clause can be invoked. The substantive law applicable to the Arbitration proceedings will be Indian Arbitration Act, 1940 . The General Conditions ... Arbitration & Conciliation Act, 1996, seeking dismissal of the petition under Sections 5 , 11 and 12 of the Arbitration Act 1940 is rejected
Devinder Gupta, J.
1. Whether the Arbitration Act, 1940 (Act No. 10 of 1940) or the Arbitration and Conciliation Act, 1996 (Act ... Act. It was stated that 1996 Act was not applicable to the arbitration proceedings rather provisions of the Arbitration Act, 1940 would apply in relation
Conciliation Act, 1996 provides as under:
Repeal and saving - (1) The Arbitration (Protocol and Convention) Act, 1937 (6 of 1937), the Arbitration Act, 1940 ... Act i.e. Arbitration and Conciliation Act, 1996 , the proceedings would be governed by the Arbitration Act, 1940 . In paragraph 4, it was held
amended by inserting the words
" Arbitration and Conciliation Act, 1996 " in place of " Arbitration Act,
1940 ". The application was dismissed ... significant departure from the provisions of
the Arbitration Act, 1940 . Under the 1940 Act, after the time to set aside
the award expired, the court
arbitration
suit No.2963/91 which was treated as an arbitration petition under
Section 33 of the Arbitration Act, 1940 made on January ... consider the
schemes of the provisions of the Act and the Arbitration Act, 1940 . It
was noticed therein that the schemes of the Act
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
Section 20 of the Arbitration Act, 1940 (for short the Act).
Clause 15 of the agreement provided for arbitration and the appellant filed a
petition ... parties and the said arbitration
proceedings shall be governed by the provisions of the Indian
Arbitration Act, 1940 and the rules thereunder, to be read
Act. They are,
The law on arbitration in India is at present substantially contained in three enactments, namely, the Arbitration Act, 1940 , the Arbitration (Protocol ... view the present Arbitration and Conciliation Act of 1996 has been enacted in India replacing the Indian Arbitration Act, 1940 , which was the principal legislation
