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Report No. 176

2.39.1 Section 82:

High Court Rules It has come to notice of the Commission that most arbitrations are conducted in India in a casual fashion only for an hour or two and the matter simply adjourned. Further adjournments are request by lawyers or made by arbitrators on each occasion, for long period. Lawyers are busy with other work and arbitrators have also have other cases listed before them. The attitude of lawyers and arbitrators, has not changed very much even after the new Act of 1996.

It is proposed to enable the High Courts to make rules to compel arbitration to go on continuously from day to day at least for three or more days on each occasion and that on each day the proceedings go on from 10.30 a.m. to 4.30 p.m. with a break of one hour or carry on proceedings at least for 5 hours of each day. In order that High Court may frame uniform rules, we proposed in section 82 that the Chief Justice of India may issue guidelines to all the High Courts in this behalf.



The Arbitration and Conciliation (Amendment) Bill, 2001 Back




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