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Report No. 76

1.33. Local Acts.-

It may be mentioned that provisions for arbitration are contained in some local Acts also, e.g., the Co-operative Societies Acts of several states, or in bye-laws framed under local Acts, e.g., bye-laws made by the East India Cotton Association under the Bombay Cotton Contracts Act.1-2

In this connection, it is relevant to quote sections 46 and 47, which are relevant in as much as they make the Act applicable to statutory arbitrations under other laws:

"46. Application of Act to statutory arbitration.-The provisions of this Act except sub-section (1) of section 6 and sections 7, 12, 36 and 37, shall apply to every arbitration under any other enactment for the time being in force, as if the arbitration were pursuant to an arbitration agreement and as if that other enactment were an arbitration agreement, except in so far as this Act is inconsistent with that other enactment or with any rules made thereunder.

47. Act to apply to all arbitrations.-Subject to the provisions of section 46, and save in so far as is otherwise provided by any law for the time being in force, the provisions of this Act shall apply to all arbitrations and to all proceedings thereunder:

Provided that an arbitration award otherwise obtained may with the consent of all the parties interested be taken into consideration as a compromise or adjustment of a suit by any court before which the suit is pending."

1. See Serichand Rai v. Panno, AIR 1943 Born 197.

2. See Nanda Kishore v. Bailey etc. Society, AIR 1943 Cal 255.



Arbitration Act, 1940 Back




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