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The Government of India caused the President to promulgate the Arbitration and Conciliation (Amendment) Ordinance, 2015.9 of 2015, which was published in the Gazette of India on and it came into effect immediately.Further,.M.P.(I) (comm.) 23/2015 Page 24 of 65 in some cases, courts have interpreted the provisions of the Act stubhub promo codes october 2015 in such a way which defeats the main object of such a legislation.It is under these circumstances, the petitioners have filed the present petition under Section 9 of the Act.Mr Dutt, learned counsel had earnestly contended that in view of the decisions of the Supreme Court in Videocon Industries (supra) Harmony Innovation Shipping Ltd.Further the Arbitration would be held in Singapore under the Arbitration Rules of the Singapore International Arbitration Centre (hereafter 'siac Rules.And, as stated above, the Amendment Act has been enacted for removing the difficulties and the lacunae in the Act.In that context the Supreme Court, inter alia, held as under:- The provisions of the old Act (Arbitration Act, 1940) shall apply in relation to arbitral proceedings which have.M.P.(I) (comm.) 23/2015 Page 15 of 65 commenced before the coming into force of the new.33.2 Laws of India Not to be Contravened - Subject to Article.1 nothing in this Contract shall entitle the Contractor to exercise the rights, privileges and powers conferred upon it by this Contract in a manner which will contravene the laws of India.The respondents by a notice dated, terminated the Agreement alleging that Petitioners were in repudiatory breach of the Agreement.
To have an absolute say on the hiring and dismissal of employees of the Society; (b) Direct that the Respondents through their directors (including but not limited to Mr Shantanu Prakash officers, agents, representatives and employees (including but not limited to the Respondent.3) cease.
In those cases, the question before the Supreme Court was as to which law nike promo code uk online was applicable to the arbitral proceedings - which was the lex arbitri.
It is proposed to allow Section 9 to the invoked whenever arbitration is outside India.Most enactments would invariably affect some existing rights however they cannot be considered as a retrospective legislation only for that reason.In Venture Global Engineering.Note: This amendment ensures that an Indian Court can only exercise jurisdiction under Part I where the seat of the arbitration is in India.The Amended Act is essentially based on the said proposals.The Supreme Court rejected the contention that the said provision would not be applicable to the existing members.This contract is to be governed and construed according to English Law.The Article 17-J of the Model Law specifically provides that the Court shall have the same powers for issuing interim measures in relation to the arbitral proceedings irrespective of the seat of such arbitral proceedings.Retrieved Brett, Jeremy; Queenie Chan; Melody Chan; Skye Skagfeld (May 2010).Undisputedly, if the parties had agreed that the proper law applicable to the arbitration would be that of a foreign country it would necessarily mean that the Act would not be the proper law governing the arbitration.