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This classic work on the old Arbitration Act of 1940 by an author of repute, is one of the few established books on the subject which enjoy the respect, and patronage of the legal profession. The author provides in the book a correct, concise, clear and complete view of the provision of each Section of the Act and a critical exposition of the principles involved therein, by references to decisions both English and Indian. An honest effort has been made to make the work handy and useful to the members of the legal profession.
The revising author, Justice Mahavir Singh, is already well known for his ever thorough and masterly treatise on the U.P. Co-operative Societies Act. He has done a thorough job of revising this work for its new edition. New case-law has been added and earlier reported cases have been reviewed carefully.
An exhaustive index has been added. A table of cases is also given.
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FOREWORD V PUBLISHERS' NOTE TO THE FOURTH EDITION VI PREFACE TO THE FIRST EDITION VIII TABLE OF CASES XIII
Preamble 1
Short title, extent and commencement 34 Definitions 38
Provisions implied in arbitration agreement 90 Agreement that arbitrators be appointed by third party 91 Authority of appointed arbitrator or umpire irrevocable except by leave of court 97 Arbitration agreement not to be discharged by death of party thereto 107 Provisions in case of insolvency 112 Power of Court to appoint arbitrator or umpire 116 Power to party to appoint new arbitrator, or, in certain cases, a sole arbitrator 130 Provision as to appointment of three or more arbitrators 138 Power to Court to remove arbitrators or umpire in certain circumstances 144 Power of Court where arbitrator is removed or his authority revoked 147 Powers of arbitrator 151 Award to be signed and filed 173 Power of Court to modify award 208 Power to remit award 216 Judgment in terms of award 238 Power of Court to pass interim orders 262 Power to supersede arbitration where award becomes void or is set aside 264
Application to file in court arbitration agreement 267
Parties to suit may apply for order of reference 291 Appointment of arbitrator 322 Order of reference 324 Reference to arbitration by some of the parties 330 Provisions applicable to arbitrations under this Chapter 332
Application of chapter 333 Power of arbitrators to make an interim award 334 Power to Court only to enlarge time for making award 337 Interest on awards 344 Grounds for setting aside award 348 Jurisdiction 422 Bar to suits contesting arbitration agreement or award 432 Arbitration agreement or award to be contested by application 442 Power to stay legal proceedings where there is an arbitration agreement 449 Effect of legal proceedings on arbitration 496 Power of Court, where arbitration agreement is ordered not to apply to a particular difference, to order that a provision making an award a condition precedent to an action shall not apply to such difference 500 Limitations 502 Disputes as to arbitrator's remuneration or costs 508
Appealable orders 512
Small Cause Court not to have jurisdiction over arbitrations save arbitrations in suits before it 529 Procedure and powers of Court 530 Service of notice by party or arbitrator 534 Power of Court to issue processes for appearance before arbitrator 535 Power to High Court to make rules 536 Government to be bound 538 Application of Act to statutory arbitrations 538 Act to apply to all arbitrations 543 Saving for pending references 547 Repeals and amendment [Repealed] 547 THE FIRST SCHEDULE 548 THE SECOND SCHEDULE 559 THE THIRD SCHEDULE 559 THE FOURTH SCHEDULE 559
The Arbitration (Protocol and Convention) Act, 1937 561 The Foreign Awards (Recognition and Enforcement) Act, 1961 568
Allahabad High Court 576 Andhra Pradesh High Court 578 Bombay High Court 578 Calcutta High Court 591 Gauhati High Court 600 Gujarat High Court 601 Karnataka High Court 605 Kerala High Court 609 Madras High Court 609 Orissa High Court Rules 612 Patna High Court 615 Punjab and Haryana High Court 618 Rajasthan High Court 624
Bengal Chamber of Commerce and Industry 626 Bengal National Chamber of Commerce 637 Indian Chamber of Commerce, Calcutta Arbitration Rules 644 Rules and Regulations of the Indian Merchants Chamber 651 Bombay Chamber of Commerce and Industry 654 Madras Chamber of Commerce 659
The Arbitration Act, 1950 667 SUBJECT INDEX 685
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