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Report No. 176

2.13.3 Therefore sec. 17 can be amended on the following lines, by modifying its heading also:

Interim directions by arbitral tribunal and other powers "17. The arbitral tribunal may, pending arbitral proceedings, direct-

(a) at the request of a party to the arbitral proceedings, the other party to take steps for the protection of the subject matter of the dispute in the manner considered necessary by the arbitral tribunal; or

(b) a party, to furnish appropriate security in connection with the directions issued under clause (a);or

(c )a party making any claim, to furnish security for the costs of arbitration; or

(d) in relation to any property which is the subject matter of arbitral proceedings and which is owned by or is in the possession of a party to the proceedings -

(i) the taking of photographs, inspection, preservation, custody or detention of the property by the arbitral tribunal, by an expert or by a party for the purposes of inspection; or

(ii) the taking of samples from, or making of any observation, or conducting any experiment upon the said property; or

(e) a party or witness to be examined on oath or affirmation, and for that purpose administer, any necessary oath or direct the taking of any necessary affirmation, or

(f) a party to take steps for the preservation of any evidence in his custody or control which may be necessary for the purpose of the proceedings."



The Arbitration and Conciliation (Amendment) Bill, 2001 Back




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