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Report No. 76

4.3. Power to proceed ex part.-

Recommendation to insert section 13(aa).-The ordinary rule is that arbitrators must give due notice before proceeding ex parte.1-4

The power to proceed ex parte is recognised in England by case law.5-6 The same is the position in India. In our opinion, it would be desirable to put the matter on a statutory footing, so as to make the Act comprehensive. We, therefore, recommend the insertion in section 13 of a new clause as follows:

"Section 13(aa) proceed ex-parte against any party who, without sufficient cause and after due notice, fails to attend personally or through agent".

1. Louis Dreyfus & Co. v. Purshottum, ILR 47 Cal 29.

2. Dipti Bikash Sen v. India Automobiles, 82 CWN 838 (July 3, 1978).

3. Prem Chand v. Fort Glouster, AIR 1959 Cal 620.

4. Juggi Lal v. General Fire & Dealers, AIR 1955 Cal 354.

5. Russell (1970), pp. 22, 23, citing Wood v. Leake, (1806) 12 Ves 412.

6. Cf. Rule 5, Uniform Arbitration Act; Wehringer Arbitration, Principles and Percepts, (1961), p. 80.

Arbitration Act, 1940 Back

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