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Report No. 76

8.3. Section 2.- Amendment recommended.-

Section 28 deals with extension of the time for making the award. As the section stands at present, there is no restriction as to the period of extension. In our view, it is necessary that indefinite extension of the time for making the award should be guarded against. It is desirable to provide that no extension should be granted so as to allow the making of the award more than one year after the arbitrator's or umpire's entering on the reference, unless the court, for special and adequate reasons to be recorded in writing, is satisfied that such extension is necessary. Accordingly, we recommend the insertion of the following proviso below section 28:

"Provided that no extension shall be granted so as to allow the making of the award more than one year after entering on the reference, unless the court, for special and adequate reasons to be recorded in writing, is satisfied that such extension is necessary."



Arbitration Act, 1940 Back




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