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Report No. 76

5.15. Obscurity as to the position of the first award.-

This is, of course, a question of form, and not of much importance. But what happens to the first award in the meantime? The position on the subject is rather obscure. The view taken in England is that the award is apparently suspended.1 It is stated, however, in Halsbury,2 that the first award remains valid and enforceable, but in the Calcutta case3 this proposition was regarded as 'too broad'. Since, in India, the award has to be made rule of the Court, the obscurity of the position is not likely to lead to any practical difficulties. No change is, therefore, recommended on this point.

1. Johnson v. Latham, (1851) 20 LJQB 236 (238) (Earl, J.) (observations).

2. Halsbury's, 3rd Edn., Vol. 2, p. 57, para. 122.

3. Brahma Sarup v. Diwan Chand, AIR 1963 Cal 583.

Arbitration Act, 1940 Back

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