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Report No. 76

4.32. Appeal.-

Section 14(1) speaks of an award being made by "arbitrators" or by an "umpire". Sometimes, rules of commercial associations provide for an appeal to a Committee from the decision of the umpire appointed in accordance with such rules. It would appear that the award of the appellate committee could be filed in court1

1. Heera Lal & Co. v. Joakim & Co., ILR 55 Cal 180: AIR 1927 Cal 677: 31 CWN 730 (C.C. Ghosh and Buckland, JJ.) (reviews English Cases)

4.33. In several English cases, where the arbitration proceedings involved a further consideration of the award of an arbitrator by the Appeal Committee of the particular commercial association, the Court held that the final award contemplated by the parties was that of the Appellate authority. The validity of suchrovision in the rules of an association seems to have been assumed in India1-2

1. Suraj Mull v. Chand Mull, AIR 1927 Cal 601.

2. Fazul Ally v. Khimji, AIR 1934 Born 476.

4.34. The position seems to be (his. If, from the substance of the contract it is clear that parties contemplate a fresh set of arbitrators to be the final deciding authority,,then such a Committee is to be regarded as a body of arbitrators or an umpire1"

We shall revert to this point later2,

1. Sircar Law of Arbitration in British India, (1942), p. 191.

2. See discussion as to First Schedule.

4.35. Section 14(1) and giving of notice.-

There are two kinds of notices contemplated by section 14. Section 14(1) provides, that after signatures on the award, the arbitrators shall give notice in writing to the parties of the making and signing thereof and of the amount of fee etc. Sub-section (2) provides that after the award is filed, the court shall give notice to the parties of filing of the award. These provisions do not require any change



Arbitration Act, 1940 Back




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