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Report No. 76

1.31. Acts of 1937 and 1961.-

This, in brief, is the scheme of the Act of 1940. In respect of arbitration agreements entered into outside India and foreign awards, there is a special law, the Arbitration (Protocol and Convention) Act, 1937.1 It mainly relates to matters considered as commercial under the law in force in India.2 The operation of the Act is based on reciprocal arrangements.3 The Act mainly concerns itself with the procedure for filing foreign awards and their enforcement, and the conditions of such enforcement.4

Detailed matters in respect of proceedings under the Act are left to be governed by the rules of the High Court.5

In 1961, a special Act for the enforcement of certain foreign awards was passed .6

1. The Act is still extant; see Franceso v. Gorakharana, AIR 1960 Boni 91.

2. Section 2 of the 1937 Act.

3. Section 2(b) of the 1937 Act.

4. Sections 2 to 8 of the 1937 Act.

5. Section 10 of the 1937 Act.

6. The Foreign Awards (Recognition and Enforcement) Act (45 of 1961).

Arbitration Act, 1940 Back

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