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Report No. 76

8.45. Section 36.-

Section 36 deals with the power of the Court where the arbitration agreement is ordered not to apply to a particular difference, to order that a provision making an award a condition precedent to an action shall not apply to such difference. The section needs no change.

8.46. Section 37(1) and section 37(2.- Recommendation to amend section 37(1).-

Section 37(1) provides that all the provisions of the Indian Limitation Act, 1908 shall apply to arbitrations as they apply to proceedings in court. In view of the passing of the new Limitation Act, 1963, necessary change will have to be made in this sub-section.1 We have no comments on section 37(2).

1. See infra.

8.47. Section 37(3) and section 37(4.-

Recommendation to amend section 37(3).-In section 37, in sub-section (3), reference to the Limitation Act, 1963, should be substituted. We have no comments on section 37(4).

Arbitration Act, 1940 Back

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