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."
Back
