such arbitration is other than an
international commercial arbitration, all applications or
appeals arising out of such arbitration under the
provisions of the Arbitration ... arise out of arbitration under the provisions
of the Arbitration Act , within the meaning of Section 10(2) of
the Arbitration Act, the execution
Arbitration Act
does not provide for review of order passed under
Section 34 of Arbitration Act, the provisions of Section
47 and Section ... raised in a
proceedings under Section 34 of the Arbitration Act.
While enforcing the award under Section 36 of the
Arbitration Act, the award could
proceedings are not maintainable
under Section 34 of the Arbitration Act, the question of
invoking the provisions of Section 36 regarding
enforceability of the award ... provisions of Sections 65 to 81 of the
Arbitration Act are made applicable.
17. Sections 65 to 81 of the Arbitration Act is with
reference
paras 36-37)
"36.3. Third, Section 34(3) reflects the principle of
unbreakability. Dr Peter Binder in International Commercial
Arbitration and Conciliation in UNCITRAL ... have already held that
Section 5 of the 1996 Act aims limited judicial interference.
The legal fiction created by Section 36
provisions of Section 15 of the
Arbitration Act, 1899 which also provided for enforcing the award
as a decree with Section 36 of the Arbitration ... self-
contained, complete code and Section 17 thereof
is in pari materia with Section 36 of the
Arbitration and Conciliation Act, 1996. Section 20
thereof
Section 36 , on a separate
application made for that purpose.
28. Once an application under sub-section (2) of Section
36 is filed for stay ... while deciding
an application under Section 9(ii)(b) of the Arbitration
Act."
34. Section 9 of the Arbitration Act confers wide power
petitioner also filed an application
under Section 36(2) r/w. Section 34 of the Arbitration
Act, seeking stay of the operation of the arbitral ... proceedings, the petitioner filed an
application under Section 36(2) r/w. Section 34 of the
Arbitration Act seeking stay of the arbitral award
petitioner also filed an application
under Section 36(2) r/w. Section 34 of the Arbitration
Act, seeking stay of the operation of the arbitral ... proceedings, the petitioner filed an
application under Section 36(2) r/w. Section 34 of the
Arbitration Act seeking stay of the arbitral award
behalf of appellants places strong reliance upon the provision of Section 36 of the Arbitration Act, which states that enforcement of an award ... with respect to the subject matter of arbitration dispute alone can exercise the power under Section 36 of the Act as well Mr. Gopal Hegde
36 and Section 48 except Article 36(1)(v) and Section 48(1)(e) perhaps constitute valid grounds Under Section 45 to declare the arbitration ... parties Under Section 35 and executable Under Section 36 after the expiry of limitation for filing an application Under Section 34 or if the application
