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Report No. 246

Amendment of Section 16

10. In section 16,

After sub-section (6), insert sub-section "(7) The arbitral tribunal shall have the power to make an award or give a ruling notwithstanding that the dispute before it involves a serious question of law, complicated questions of fact or allegations of fraud, corruption etc."

[Note: This amendment is proposed in the light of the Supreme Court decisions (e.g. N. Radhakrishnan v.Maestro Engineers, (2010) 1 SCC 72) which appear to denude an arbitral tribunal of the power to decide on issues of fraud etc.]

Amendments to the Arbitration and Conciliation Act, 1996 Back

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