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Report No. 76

4.11. Recommendation of Civil Justice Committee.-

The question whether arbitrators should be compellable to state a case was considered by the Civil Justice Committee,1 which observed:

"We are also against the suggestion that the arbitrators should be compellable by the court to state a case, as this would, in India, be sure to lead to wide and gross abuse."

Perhaps, the danger anticipated by the Civil Justice Committee may not be unreal. The matter should, therefore, be left as it is.

1. Civil Justice Committee (1924-25) Report, p. 216, para. 17; N.D. Basu Arbitration Act, (1977), p. 951.

Arbitration Act, 1940 Back

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