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Report No. 76

10.13. Recommendation as to section 47.-

In our discussion relating to section 2(a)1, we have already recommended an amendment regarding awards obtained without following the procedure laid down in the Act. The recommendation should be carried out by substituting the following proviso for the present proviso to section 47:

"Provided that where an award otherwise obtained has been agreed to by the parties concerned, nothing in this section shall be construed as preventing any party from relying upon it in a suit or other legal proceeding (whether instituted by him or not) as an agreement or as compromise or adjustment of the dispute."

1. See discussion regarding section 2(a), supra (awards obtained on oral arbitration agreement).

Arbitration Act, 1940 Back

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