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Report No. 176

2.43.2 With these objectives in view, the Commission has proposed the following sec. 34 in the amending Act.

The section reads as follows:

"34 Time limit for disposal and speeding up of arbitrations, applications and appeals under Arbitration Act, 1940 (10 of 1940)

(1) The provisions of sections 6,23 and 24 of the Principal Act as amended respectively by sections 4, 16 and 17 of this Act, shall so far as may be, apply to arbitral proceedings under the Arbitration Act, 1940 (10 of 1940) (hereinafter called the "repealed Act"), pending at the commencement of this Act, and shall override any provisions of the repealed Act, which are inconsistent with the said sections.

(2) In the case of non-compliance with any order passed by the sole arbitrator or arbitrators under the provisions of the repealed Act or orders passed under sub section (1), the sole arbitrator or arbitrators, as the case may be, appointed under the repealed Act, may pass orders under section 24A of the Principal Act, as inserted by section 18 of this Act.

(3) In the case of non-compliance with any peremptory order passed by the sole arbitrator or arbitrators under sub section (2), the Court, within the meaning of clause (c) of section 2 or section 21 of the repealed Act, as the case may be, may pass orders under section 24B of the Principal Act, as inserted by section 18 of this Act.

(4) Where arbitral proceedings are pending before the sole arbitrator or arbitrators appointed under the repealed Act, at the commencement of this Act, the proceedings shall be completed within a further period of one year from the date of commencement of this Act, or within such extended period as specified in sub sections (5) and (6).

Provided that where the arbitral proceedings are stayed by order of a court the period during which the proceedings are so stayed, shall be excluded while computing the said period of one year.

(5) If the award is not made within the further period of one year specified in sub section (4), the arbitral proceedings shall, subject to the provisions of sub section (6), stand suspended until an application for extension is made to the Court referred to in sub section (3), by any party to the arbitration, or where none of the parties has made an application as aforesaid, until such an application is made by the sole arbitrator or the arbitrators, as the case may be.

(6) The provisions of sub sections (4) to (8) of section 29A as inserted in the Principal Act, by section 21 of this Act, shall, so far as may be, apply to the Court referred to in sub section (3), for the disposal of the application referred to in sub section (5), with a view to speed up the arbitral proceedings, till the award is passed.

(7) Where applications to make the award a rule of court or objections are filed to set aside the award, under the repealed Act, or any other application or any appeal filed under section 39 of the repealed act, are pending before any Court referred to in sub section (3), on the date of commencement of this Act, they shall be disposed of within a period of one year from the date of such commencement, in accordance with the provisions of the repealed Act.

(8) Where any appeals or revision applications arising out of interim orders passed by the Courts referred to in sub section (3) are pending at the commencement of this Act, under the Code of Civil Procedure (5 of 1908) or under the repealed Act, in connection with arbitral proceedings arising under the repealed Act, or where the arbitral proceedings are under orders of stay, they shall be disposed of within a period of six months from the date of such commencement, in accordance with the provisions of the Code of Civil Procedure, 1908 (5 of 1908) or the repealed Act, as the case may be.

(9) The provisions of this section shall have effect notwithstanding anything inconsistent therewith contained in sub-section (2) of section 85 of the principal Act.



The Arbitration and Conciliation (Amendment) Bill, 2001 Back




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