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Report No. 176

2.11 Power of the court to give opinion on question of law

Section 14(3) of the 1940 Act provided that 'where the arbitrators or umpire state a special case under clause (b) of sec.13, the court, after giving notice to the parties, and hearing them, shall pronounce its opinion thereon and such opinion shall be added to, and shall form part of, the award. Here the arbitrators make the application to the court. There is no corresponding provision in the 1996 Act. It is desirable that a similar provision is made in the present Act.

The Arbitration and Conciliation (Amendment) Bill, 2001 Back

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