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Report No. 76

1.29. Arbitration with intervention of court or in suit.-

These provisions1 primarily apply to arbitration without intervention of the court. Section 20 then deals with arbitration with such intervention where there is no suit pending; and (after making certain detailed provisions as to the form and manner of making the application to the court for filing the agreement and as to an order of reference to the arbitrator appointed by the parties etc.) the section provides that the arbitration shall proceed in accordance with the other provisions of the Act, so far as they can be made applicable.

Where a suit is actually pending in a court, all the parties interested may agree to refer any matter in dispute to arbitration under section 21. Detailed provisions as to the appointment of the arbitrator and the order of reference in such a case are contained in sections 22 to 24. Under section 25, the provisions of the other Chapters shall, so far as they may be made applicable, apply to such arbitrations also.

1. Section 30, is however, a general section.

Arbitration Act, 1940 Back

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