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Report No. 76

5.7. History (1899 Act and Code of Civil Procedure).-

It may be noted that in the Indian Arbitration Act of 1899, there was no limitation of the grounds for remission.1 Section 13(1) of that Act was as follows:-

"The Court may, from time to time, remit the award to the reconsideration of the arbitrators or an umpire."

1. See also chart in para. 5.12, infra.

5.8. Such a limitation was, however, contained in the Second Schedule to the Code of Civil Procedure, 1908, para. 14 (now repealed). Under that paragraph, the court could remit the award or any matter referred to arbitratio-

"(a) where the award has left undetermined any of the matters referred to arbitration, or where it determines any matter not referred to arbitration, unless such matter can be separated without affecting the determination of the matters referred;

(b) where the award is so indefinite as to be incapable of execution;

(c) where an objection to the legality of the award is apparent upon the face of it."

Arbitration Act, 1940 Back

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