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Report No. 76

11.12 Recommendation to increase the time limit in paragraph three to six months.-

On a careful consideration of the various aspects of the matter, we recommend that the time limit of four months should be replaced by six months in the First Schedule, paragraph 3. In appropriate cases, the power of the court to extend the limit could be exercised, as at present. The extension should not, however, be given beyond one year, except for special and adequate reasons.1

As regards the period within which the award should be given, it may be pointed out that the period should not be too short as to prove unrealistic; at the same time, it should not be too long as to lead to undue delay or complacency on the part of arbitrators.

An unrealistic period-such as the present period of four months- serves no purpose. Some increase therein is required. We are therefore recommending that the period should be six months, subject to extension by the court in accordance with section 28 as proposed to be amended.

1. See recommendation as to section 28, para. 8.3, supra.

Arbitration Act, 1940 Back

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