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Report No. 76

1.19. Act of 1899 and Code of 1908.-

The Indian Act of 1899 thus dealt with arbitration by agreement without the intervention of the court, and was limited to Presidency towns and to such other areas to which it may be applied by local Government notification.1 The Second Schedule to the Code of Civil Procedure, 1908, extended to all places to which the Act of 1899 did not extend, and contained (i) provisions for arbitration in respect of the subject-matter of suits2, and (ii) provisions whereunder parties to a dispute might file their arbitration agreements before the court, which would then refer the matter to arbitration,3 and (iii). provisions for arbitration without the intervention of court.4 The main provisions on arbitration in the Code of Civil Procedure, 1908, were section 89 and the Second Schedule.

1. Section 2, Act of 1899, paras. 1-18, supra.

2. Second Schedule, Code of 1908, paras. 1-16.

3. Second Schedule, Code of 1908, paras. 17-19.

4. Second Schedule, Code of 1908, paras. 20-21.



Arbitration Act, 1940 Back




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