concerned, sub-section (8) of Section 11 was substituted for the earlier
Section 11(8) 1 , sub-section (1) of Section 12 was substituted ... earlier Section 12(1) 2 and a new Section 12(5) 3 was added after
Section 12(4) . The opening lines of Section
statutory scheme contained in Sections 12 to 14 of
the Act. These Sections read as under:-
“Sec. 12 Grounds for challenge.-
(1) When a person ... ground referred to
in this section or sub-section (3) of section 12 .”
12. Under Section 12 , it is clear that when a person
statutory scheme contained in Sections 12 to 14 of
the Act. These Sections read as under:-
“Sec. 12 Grounds for challenge.-
(1) When a person ... ground referred to
in this section or sub-section (3) of section 12 .”
12. Under Section 12 , it is clear that when a person
Delhi. The
Division Bench in an appeal under Section 37 of the Arbitration Act, 1996
has stepped in to set aside the judgment ... Section 34 is subject to, we
deem it necessary to state the law on the subject.
Section 34 of the Arbitration and Conciliation Act reads
should be dismissed.
10
Applicability of the Arbitration and Conciliation (Amendment) Act,
2015
10. Since the Section 34 petition in the present case is dated ... particularly, radical changes have been made by the Arbitration and
Conciliation (Amendment) Act, 2015 [“Amendment Act, 2015”] with
effect from 23.10.2015 – in particular
Arbitration Act, 1996, since the Court at
Faridabad was first approached by filing an application under Section
34 of the Arbitration Act,1996, that Court ... Maintainability of the appeals under Section 37 of the Arbitration
Act, 1996
11. Section 37(1) of the Arbitration Act, 1996 reads as follows
case law under Section 11(6) of the Arbitration Act, as it
stood prior to the Amendment Act, 2015, has had a chequered history ... Court under
Section 11 . This Court, in the aforesaid judgment, held:
24
“12. Section 16 of the Act only makes explicit what is
even otherwise
under Section 34 of the Act read with Section 2(e) of the Act
and other provisions, including Section 42 of the Act. We,
therefore ... Section 2(1)(e) and Section 42 it will be important to set
out Section 2(1)(e) and Section 42 of the Arbitration Act
Central Excise Act, 1944 [“ Central Excise Act ”]. He also relied upon
other judgments which interpreted section 29(2) of the Limitation Act
to state that ... that other sections of the
Limitation Act were excluded in the context of section 34(3) of the
Arbitration Act – such as sections
Section 5 at all revisable under Section 115
of the Code or did an appeal lie from it under Section 39 of the
Arbitration Act ... appellants under Section 34 of the
Arbitration and Conciliation Act, 1996 (hereinafter referred to as
the ' Arbitration Act '), by the District Judge, Nagpur
