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Report No. 76

2.16. Contrast between 1961 Act and 1940 Act.-

In contrast with the Act of 1961 which, as mentioned above1 makes a dichotomy between "arbitration agreement" and "submission", the Act of 1940 makes no such dichotomy. The judicial decisions on the Act of 1940 which seem to take the view that a reference to arbitration could be made only through section 20 unless both the parties join in the reference, are traceable to the observations of the Supreme Court in Thawardas Pherumal v. Union of India, (1955) 2 SCR 48 (58): AIR 1955 SC 468 (474-475), already quoted.2

1. Para. 2.15, supra.

2. See para. 2.11, supra.



Arbitration Act, 1940 Back




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