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Report No. 76

6.3. Sections 20(3) and 20(4) and section 20(5).-

Under sub-section (3) of section 20, the court shall direct notice of the application to be given to all parties to the agreement other than the applicants, requiring them to show cause within the time specified in the notice why the agreement should not be filed. Sub-section (4) of section 20 provides that where no sufficient cause is shown, the court shall order the agreement to be filed, and shall make an order of reference to the arbitrator appointed by the parties, whether under the agreement or otherwise, or, where the parties cannot agree upon an arbitrator, to an arbitrator appointed by the court. Where the agreement names the arbitrator, and the named arbitrator refuses to act, the question may arise whether the court can appoint another arbitrator. This question is discussed separately.1

Finally, sub-section (5) provides that thereafter the arbitration shall proceed in accordance with and shall be governed by the other provisions of the Act so far as they can be made applicable. These sub-sections need no change.

1. See discussion relating to section 8(1)(b), supra.

Arbitration Act, 1940 Back

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