What is the position in case of insolvency of a party ?

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Where the contract so provides and where the receiver in insolvency adopts the contract, the Arbitration agreement shall be enforceable by or against him so far as it relates to any such disputes. Where a person who has been adjudged an insolvent had, before the commencement of the insolvency proceedings, became a party to an… Read more »

Which Court will have Jurisdiction in a case where an application has already been made with respect to an Arbitration agreement?

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Notwithstanding anything contained elsewhere in this Part or in any other law for the time being in force, where with respect to an Arbitration agreement any application under this Part has been made in the court, that court alone shall have jurisdiction over the arbitral proceedings and all subsequent applications arising out of that agreement… Read more »

Does the limitation Act apply to an Arbitration?

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Yes, the limitation Act 1963 applies to Arbitration as it applies to proceedings to court. For the purposes of limitation Act 1963 the Arbitration shall be dimmed to have commenced on the date on which a request for that dispute to be referred to Arbitration is made and received by the respondent. Where an Arbitration… Read more »

What is a foreign award under the New York Convention Awards ?

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Part II of The Arbitration and Conciliation Act, 1996, Chapter 1 deals with New York Convention Awards. Unless the context otherwise requires, ‘foreign award’ means an award on differences between persons arising out of legal relationships, whether contractual or not, considered as commercial under the law enforced in India, made on or after 11th October,… Read more »

Is a foreign award within the meaning of New York Convention, binding ?

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Any foreign award which would be enforceable under Chapter 1 of Part II shall be treated as binding for all purposes on the persons as between whom it was made, and may accordingly be relied on by any of those persons by way of defence, set off or otherwise in any legal proceedings in India… Read more »

From which orders made under chapter 1 of Part II an appeal lies ?

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An appeal shall lie from the order refusing to –   (a) refer the parties to arbitration under section 45   (b) enforce a foreign award under section 48,   No second appeal shall lie from an order passed in appeal, but nothing shall affect or take away any right to appeal to the Supreme… Read more »