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Report No. 76

8.15. Recommendation to insert section 30A.-

We have set out our reasons earlier1 why it should not be obligatory for an arbitrator to give reasons in support of his award. If an arbitrator cannot, under the scheme of the Act, be compelled to give reasons in support of his award, there appears to be no justification for compelling him to disclose them by calling him as a witness in Court. We are, therefore, of the view that it would be convenient if legislative effect is given to this principle which, of course, applies to umpires also. Accordingly, we recommend the insertion of a new section-section 30A-as follows in the Arbitration Act:-

"30A. No arbitrator or umpire shall be compelled, whether in a proceeding before a Court or otherwise, lo answer any question relating to the reasons of his award."

1. Chapter 4, supra.

Arbitration Act, 1940 Back

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