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Report No. 76

8.17. Civil Justice Committee.-

These sections were inserted as a result of the recommendations made by the Civil Justice Committee.1 The Civil Justice Committee pointed out, that under the Arbitration Act of 1899, if a question arose as to the validity of the submission or jurisdiction of the arbitrators or as to regularity of the proceedings, the party objecting had various courses open. He could obtain an injunction to prevent the arbitration proceedings from taking place or from being brought into a conclusion. He could wait until the award was made, and apply to the court to have it set aside or declared to be void.

If he desired to defeat the reference, he could file a suit for a declaration of some sort, about the matter in dispute, the object being that by thus bringing the matter in difference before the court of law, the arbitration would become fruitless or would at least result in delay. Again, he could wait until the award was put in execution, and then launch a suit asking for an injunction to restrain its execution, or could seek a declaration that the submission was obtained by fraud or that the arbitrator had misconducted himself and that the award was not binding upon him.

1. Civil Justice Committee, (1924-25) Report, pp. 210 to 216, paras. 5, 6, 13 and 18; N.D. Basu, Arbitration Act, (1977), pp. 948 to 950.

Arbitration Act, 1940 Back

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