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Report No. 76

5.3. History and position in England.-

It may be noted that section 15 corresponds to the Code of Civil Procedure, 1908, Second Schedule, para. 12. There was no such provision in the Indian Act of 1899. Nor is there any such provision in the English Act. Under the English Act, the court has no power to alter or amend an award.1 It may be noted, that even in India, no such provision was contained in the Code of 1882 in relation to arbitration without intervention of the court (section 525 of the 1882 Code), and, therefore, the court had no power to amend the award or remit it. It could either file the award or reject the application.2 In the absence of such a provision, the court had either to set aside the award or to remit it.3 Hence the need for a provision conferring power to modify the award.

1. Russell on Arbitration, (1970), p. 314, citing Hall v. Alderson, (1825) 2 Bing 476 and Moore v. Buklin, (1837) 7 LJQB 20.

2. See Mohammad Afzal v. Abdul Hamid, AIR 1925 Lah 570.

3. Shyam Lal v. Purshotam Das, ILR 42 All 277 (case under the old Code).

5.4. No change.-

The present provision is a salutary one and we have no change to recommend in section 15.

Arbitration Act, 1940 Back

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