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Report No. 76

5.5. Section 16 and grounds for remitting the award.-

The grounds on which an award or any matter referred to arbitration can be remitted to the arbitrator or umpire for re-consideration are enumerated in section 16(1), clauses (a), (b) and (c). In the corresponding section 22 of the English Act of 1950, there is no such limitation, and the High Court or a Judge thereof is authorised to remit the matters referred, or any of them, "in all cases of reference to arbitration" .1 Though, in England, the power to remit is generally exercised on certain recognised grounds, those grounds are merely guides to the exercise of discretion, and are not exhaustive.2 The usual grounds for remission in England are:-

(i) where the award is bad on the face of it;3

(ii) where there has been an admitted mistake and the arbitrator himself asks that the matter may be remitted;4

(iii) where there has been misconduct on the part of the arbitrator;5

(iv) where additional evidence has been discovered after the making of the award.6-7

But these are not exhaustive.8

1. Section 22, Arbitration Act, 1950.

2. Russell on Arbitration, (1970), p. 395 and illustrations, pp. 396-398.

3. Russell, (1970), p. 357.

4. Russell, (1970), p. 370.

5. Russell, (1970), p. 376.

6. Russell, (1970), p. 392.

7. Montgomery Jones & Co. v. Liebenthal, (1898) 78 Law Times 406.

8. For examples of other grounds, see Russell, (1970), p. 344.

Arbitration Act, 1940 Back

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