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Report No. 76

Chapter 7

Arbitration in Suits

7.1. Section 21.-

Arbitration in suits forms the subject-matter of five sections contained in Chapter IV of the Act. Under section 21, where, in any suit, all the parties interested agree that any matter in difference between them in the suit shall be referred to arbitration, they may at any time before judgment is pronounced, apply in writing to the court for an order of reference. The situation where only some of the parties apply is dealt with later under section 24.

Difficulties sometimes arise where, without obtaining a formal order of the court under this section, parties, for the settlement of their mutual differences, appoint an arbitrator who makes an award. This question really falls within section 47, and will be discussed thereunder.1

1. See discussion relating to section 47, Chapter 10.

Arbitration Act, 1940 Back

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