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Report No. 176

(8) Section 5: An Explanation is proposed to be added in Section 5 explaining the meaning of the words 'any other law for the time being in force', which occur in the non-obstante clause. The proposed Explanation states that the above words would include any intervention under

(a) Code of Civil Procedure, 1908 (5 of 1908);

(b) Any law providing for internal appeals within the High Court;

(c) Any law, which provides for intervention by a judicial authority in respect of orders passed by any other judicial authority.

In view of the proposed Explanation, all remedies of appeal or revision under the Code of Civil Procedure or appeals under the Letters Patent or under High Court Acts and all other remedies under special statutes against orders of a judicial authorities, get excluded.

(paragraph 2.2.1)

(9) Section 6: Section 6, as it stands, states that, in order to facilitate the conduct of arbitral proceedings, the parties, or the arbitral tribunal with the consent of the parties, may arrange for administrative assistance by a suitable arbitrator or person. It is proposed to drop the words "or the arbitral tribunal with the consent of the parties", for the detailed reasons given in Chapter II

(paragraph 2.2.5)

(10) Section 7(4)(b): This section is proposed to be amended by adding some words in clause (b) of sub-section (4), to include within the definition of 'arbitration agreement' an agreement by implication such as where one party sends a communication to another party by the addition of including an arbitration clause in the proposed contract. Even though the party who receives the communication does not send a reply, his silence will be treated as amounting to acceptance of the arbitration clause.

Which is accepted by the other party without demur. This clause is proposed to cover cases like 'brokers - notes', which contain arbitration clauses.

(paragraph 2.3.2)

The Arbitration and Conciliation (Amendment) Bill, 2001 Back

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