u/s 29-A
of the Arbitration Act is circumscribed by the provision of sub-section (5) of section 29-A of the
Act.
13 ... prejudice to the
application u/s 13 of the Act. Therefore, even if the application u/s 13 of the Arbitration Act was
pending
refers parties to arbitration
under Section 8 , not being appealable under Section
37(1)(a) , would not be appealable under Section
13 ... Section 16 of the Arbitration Act would
equally not be appealable under Section 37(2)(a)
and, therefore, under Section 13(1) of the Commer
Section 40 of the Arbitration Act, the appellant
has a legal right to commence arbitration by moving an
application under Section 11 of the Arbitration ... party, in terms of the Section 8 of the
Arbitration Act, moves the court for referring the parties
to arbitration before the first statement
referred to as the “ Arbitration Act, 1996 ”) as inserted by
Section 13 of the Arbitration and Conciliation (Amendment) Act,
2019 (hereinafter referred ... relevant
provisions of the 2019 Amendment Act. Section 87 as introduced by
Section 13 of the 2019 Amendment Act reads as follows:
“87. Unless
arbitration agreement. Arbitration
agreement has been held to be completely severable from the
remaining document. For the purpose of Sections 9 and 11 ,
the arbitration ... Arbitration Amendment Act (Act 3 of 2016 with effect from
23.10.2015) and or by incorporation of sub section (6A) in
Section 11 as Section
recovery of Rs.13,38,838 with interest. The Petitioner filed an
application under Section 16 of the Arbitration and Conciliation ... referred only to the Registrar for arbitration as provided in
Section 64 of the said Chit Funds Act .
13. This Court held that the said
under Sections 11(6) read with Section
14(2) and 15(2) of the Arbitration and Conciliation Act,1996 (for short
'the Arbitration ... application of Section 12 after the amendment to
Section 12 . It is submitted that, Section 21 of the Act clearly provides that
arbitration proceedings
Code of Civil Procedure ( CPC ) and Section 37 of the Arbitration
and Conciliation Act. Section 13 (2) of the Commercial Courts Act
further makes ... Order 43 of the CPC and Section 37 of the Arbitration and
Conciliation Act. To appreciate Section 13 and the intent and purpose
of this
This Part except sub-section (1) of Section
40 , Sections 41 and 43 shall apply to every
arbitration under any other enactment for the time ... such as
Sections 2(e) , 2(k) . 8, 9, 10, 11, 12, 13, 14 and 22.
Section 2(e) of the definition section defines that
arbitration. If there is no such agreement,
the seat of arbitration can be determined by the Arbitral Tribunal under
Section 20(2) read with Section ... determine the venue of the arbitration as the seat of arbitration in terms of
Section 20 (2) read with Section
