AdvocateKhoj
Login : Advocate | Client
Home Post Your Case My Account Law College Law Library
    

Report No. 176

22. Insertion of new section 31A

After section 31 of the principal Act, the following section shall be inserted, namely:-

Filing of a copy of the award and original arbitral records in the court for purposes of record and maintenance of register of awards

"31A (1) A photocopy of the arbitral award duly signed on each page by the members of the arbitral tribunal together with the original arbitral records, shall be filed by the arbitral tribunal in the court within thirty days of the making of the award along with a list of the papers comprising the arbitral record.

Provided that where the High Court is the proper court within the meaning of clause (e) of sub-section (1) of section 2, then the award shall be filed in the principal Civil Court of Original Jurisdiction in a district or in the court of the principal judge of the city civil court of original jurisdiction in a city within whose territorial jurisdiction the subject matter of arbitration is situated (hereinafter referred to in this section as the said court).

Explanation.-1 For the removal of doubts, it is hereby declared that 'arbitral award' in this section means the arbitral award whether passed pursuant to a reference made by a judicial authority under section 8, or by any of the courts referred to in section 8A, or by the parties or by the High Court or by the Supreme Court under section 11, or by the parties to a Fast Track Arbitration under section 43A.

Explanation.-2 For the purposes of this section, 'arbitral records' shall include the pleadings in the claim filed by the parties, the documentary and oral evidence if any recorded, the pleadings in interlocutory applications, the orders thereon, the proceedings of the arbitral tribunal and all other papers relating to the arbitral proceedings.

(2) Where the arbitral tribunal fails to file the photocopy of the arbitral award and the arbitral records under sub-section (1), any of the parties may give notice to the arbitral tribunal to do so within a period of thirty days of the receipt of the notice, failing which, the party may request the said court to direct the arbitral tribunal to file the photocopy of the arbitral award and the arbitral records in the said court.

(3) Upon the filing of the photocopy of the arbitral award and the arbitral records under sub-section (2), the presiding officer of the said court or a ministerial officer of the said court designated by the said presiding officer, shall affix his signature with date and seal of the said court on each page of the photocopy of the arbitral award aforesaid and shall after verification, acknowledge receipt of the photocopy of the arbitral award and the arbitral records as per the list referred to in sub-section (1).

(4)The said court shall maintain a register containing -

(a) the names and addresses of the parties to the awards;

(b)the date of the award;

(c) the names and addresses of the arbitrators;

(d )the relief granted;

(e ) the date of the filing of the award into the said court; and

(f)such other particulars as may be prescribed.

(5) If any party makes an application, the court may grant a certified copy of the photocopy of the arbitral award or of the arbitral record or of the arbitral proceedings, as the case may be, in accordance with the rules of the court.

(6)The court may transmit the arbitral records for use in any proceedings for setting aside of the arbitral award or for enforcement thereof.

(7) The procedure for return of original documents or for preservation of the arbitral records so filed shall be subject to such rules as may be applicable to the said court from time to time.

(8) The filing of the photocopy of the award under this section is only for the purposes of record.



The Arbitration and Conciliation (Amendment) Bill, 2001 Back




Client Area | Advocate Area | Blogs | About Us | User Agreement | Privacy Policy | Advertise | Media Coverage | Contact Us | Site Map
powered and driven by neosys