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Report No. 176

2.37 Provision to enable arbitrators to refer question of law to the court - rejected

A proposal was made in the Consultation Paper based on sec. 14(3) of the 1940 Act. Section 45 of the English Act enables the parties, with consent among themselves or with permission of the arbitral tribunal, to seek opinion of court on a question of law, if it is likely to save costs substantially. It was suggested in the debate on the Consultation Paper that this may delay the arbitral process. The Commission is not in favour of any such provision being included.

The Arbitration and Conciliation (Amendment) Bill, 2001 Back

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