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Report No. 76

11.32. Recommendation to insert an Explanation below paragraph 7.-

We consider it desirable to make the paragraph subject to a provision to cover a situation of the nature mentioned above. We there fore recommend that the following Explanation should be inserted below paragraph 7:-

"Explanation.-Where either the arbitration agreement, or the bye-laws of any association which are expressly or impliedly adopted by the arbitration agreement, provide for an appeal from the award of an arbitrator to another person or body, the award made by such appellate authority shall, if the appeal be filed in accordance with the agreement or bye-laws, be the award for the purposes of this paragraph."

11.33. Paragraph 8.-

Paragraph 8 provides that the costs of the reference and the award shall be in the discretion of the arbitrators or umpire. The paragraph needs no change.



Arbitration Act, 1940 Back




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