LexFUERST DAY LAWSON LTD. versus JINDAL EXPORTS LTD.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2011] 11 S.C.R. 1 FUERST DAY LAWSON LTD. v. JINDAL EXPORTS LTD. (SLP (C) No. 11945 of 2010) JULY 8, 2011 [AFTAB ALAM AND R.M. LODHA, JJ.] A B Arbitration and Conciliation Act, 1996 - ss. 50 and 49 - Whether an order, though not appealable under s. 50 of the 1996 Act, would nevertheless be subject to appeal under the C relevant provision of the Letters Patent of the High Court - Held: No letters patent appeal will lie against an order which is not appealable under s.50 of the 1996 Act - Conclusion regarding exclusion of letters patent appeal arrived at in two different ways; one, so to say, on a micro basis by examining D the scheme devised by ss. 49 and 50 of the 1996 Act and the radical change that it brings about in the earlier provision of appeal under s. 6 of the 1961 Act and the other on a macro basis by taking into account the nature and character of the 1996 Act as a self-contained and exhaustive code in itself - E Where the special Act sets out a self-contained code the applicability of the general law procedure would be impliedly excluded - Foreign Awards (Recognition and Enforcement) Act, 1961 - s.6 - Letters Patent. Arbitration and Conciliation Act, 1996 - Part I and Part F II of the Act - Difference between - Held: Part I and Part II of the Act are quite different in their object and purpose and the respective schemes. Arbitration and Conciliation Act, 1996 - ss. 37 and 50 - G Appellate provision uls. 37 and u/s. 50 - Difference between - Held: s137 in Part I of the Act (analogous to s. 39 of the 1940 Act) is not comparable to s.50 in Part II of the Act - s.37 and s. 50 are not comparable because they belong to two different 1 H 2 SUPREME COURT REPORTS [2011] 11 S.C.R. A statutory schemes - s.37 containing the provision of appeal is part of a much larger framework that has provisions for the complete range of law concerning domestic arbitration and international commercial arbitration - s.50 on the other hand contains the provision of appeal in a much limited framework, B concerned only with the enforcement of New York Convention awards - In one sense, the two sections, though each containing the appellate provision belong to different statutes. Arbitration and Conciliation Act, 1996 - Part II, Chapter C I - Provisions of, compared with the provisions of the Foreign Awards (Recognition and Enforcement) Act, 1961. The question that arose for consideration in the present batch of cases was whether an order, though not appealable under section 50 of the Arbitration and D Conciliation Act, 1996, would nevertheless be subject to appeal under the relevant provision of the Letters Patent of the High Court i.e. in other words, whether, even though the ·Arbitration Act does not envisage or permit an appeal from the order, the party aggrieved by it can E still have his way, by-passing the Act and taking recourse to another jurisdiction. Dismissing appeals arising from SLP (C) No.31068 of 2009 and SLP (C) No.4648 of 2010 and allowing Civil F appeal no.36 of 2010, the Court HELD:1. A correct answer to the question under consideration would depend upon how the Arbitration and Conciliation Act, 1996 is to be viewed. Do the provisions of the 1996 Act constitute a complete code for G matters arising out of an arbitration proceeding, the making of the award and the enforcement of the award? If the answer to the question is in the affirmative then, obviously, all other jurisdictions, including the letters patent jurisdiction of the High Court would stand H excluded. [Paras 3, 4] [11-F-G; 12-A-B] FUERST DAY LAWSON LTD. v. JINDAL EXPORTS 3 LTD. 2.1. Before the coming into fgrce of the Arbitration A and Conciliation Act, 1996 with effect from August 16, 1996, the law relating to domestic arbitration was contained in the Arbitration Act, 1940, which in turn was brought in place of the Arbitration Act, 1899. Apart from the Arbitration Act 1940, there were two other enactments B of the same genre. One called the Arbitration (Protocol and Convention) Act, 1937 (for execution of the Geneva Convention Awards) and the other called the 'Foreign Awards (Recognition and Enforcement) Act, 1961 (for enforcement of the New York Convention awards). The c aforesaid three Acts were replaced by the Arbitration and Conciliation Act, 1996, which is based on the United Nations Commission on International Trade Law (UNCITRAL) Model and is broadly compatib
Excerpt shown. Read the full judgment & AI analysis in Lexace.