Indian Law Applibable to Proceedings -
4.1 Arbitrator - Qualifications and Capacities
The Indian law does not lay down
any specific qualifications for arbitrators. Every person who
is of age and of sound mind can be appointed as an arbitrator.
Arbitral institutions include in their panel a wide range of
experts drawn from various professions, trade and business.
Their impartiality is ensured by the Arbitration Committee of
the institution which takes care that persons are chosen for
their knowledge, experience, impartiality and integrity. Some
arbitral institutions conducting international arbitration in
India have included in their panel of arbitrators foreigners
also, in order to enable foreign parties to choose arbitrators
of other nationalities whom they consider more suitable.
Section 11(1) and 11(2) of the new Act impliedly
continue the above position. The provisions for challenge to the
appointment of arbitrator are new. Section 12 provides that the
arbitrator before accepting his appointment shall disclose in
writing to the parties such matters as are likely to give rise
to justifiable doubts about his independence or impartiality.
The appointment of an arbitrator may be challenged only if :
circumstances exist that give
rise to justifiable doubts about his independence or impartiality,
he does not possess the qualifications
agreed to by the parties.
A party may challenge the appointment
of an arbitrator only for reasons of which he becomes aware
after the appointment has been made.
4.2 Appointment of Arbitrators and Composition
of Arbitral Tribunal
The number of arbitrators to
be appointed was to be determined by the agreement of the
parties. If the agreement was silent about it, the law was
that a sole arbitrator would be appointed.
If the parties had provided
for a sole arbitrator to be appointed by mutual consent and
they did not agree or concur in the appointment after the
dispute had arisen, any party could serve on the other party
a written notice to concur in the appointment made by him.
If there was no agreement within 15 days of the notice, the
court might on application by that party, make the appointment
after giving the other party an opportunity to be heard (Sections
8 and 9 of 1940 Act).
Where the agreement was for
the appointment of two arbitrators and one of the parties
failed to appoint the arbitrator, the other party might serve
on the defaulting party notice to appoint the arbitrator.
If within 15 days, the other party had not done so, the party
might appoint his arbitrator as sole arbitrator and he would
be deemed to have been appointed as sole arbitrator by consent.
If the reference was to an even number of arbitrators, the
arbitrators had to appoint an umpire not later than one month
from the latest date of their respective appointment. If the
umpire was not appointed by the arbitrators, the court was
empowered to make the appointment even after the expiry of
The parties might also provide
in the agreement that the arbitrator should be appointed by
a designated person or by the holder of a specified office
in an organization.
When there was a vacancy because
of a neglect to appoint an arbitrator or neglect of the arbitrator
appointed to act or because of death or incapacity or of resignation
by the arbitrator, a substitute arbitrator might be appointed
by the party originally appointing the arbitrator or on his
failure by the court.
If the arbitration agreement
provided that the arbitration should be conducted in accordance
with the rules of an arbitral organisation, the number and
mode of appointment of arbitrators would be determined in
accordance with the rules of the organization.
The number and mode of appointment
of arbitrators in international arbitration was generally
agreed to by the parties in the arbitration clause or the
submission clause. When the arbitration was under the auspices
of an arbitral organization, the appointment of arbitrators
would be governed by the rules of that organization.
In an international commercial arbitration, only
the Chief Justice of India (or his designate) will have the power
to make the appointment and not the Chief Justice of the High Court.
The provisions regarding the powers conferred on the Chief Justice
of the High Court and the Chief Justice of India are new. The power
of the court to appoint has now been entrusted to the Chief Justice
of the High Court and (in International Commercial Arbitration)
to the Chief Justice of India.
Section 10 of the new Act provides
for the number of arbitrators. The parties are free to determine
the number of arbitrators provided that such number is not
an even number. If the parties have failed to provide for
the number of arbitrators, Section 10 provides that an arbitral
tribunal shall consist of a sole arbitrator.
Section 11 contains provisions
regarding the procedure for appointment of arbitrators. A
person of any nationality may be an arbitrator unless otherwise
agreed to by the parties. The parties are free to agree on
a procedure for appointment of an arbitrator or arbitrators.
Failing any such agreement,
in an arbitration with three arbitrators, each party will
be entitled to appoint one arbitrator and the two appointed
arbitrators shall appoint a third arbitrator who shall act
as the presiding arbitrator. If a party fails to appoint an
arbitrator within 30 days from the receipt of a request to
do so from the other party or if the two appointed arbitrators
fail to agree on the third arbitrator within 30 days from
the date of their appointment, the appointment shall be made
upon request of a party by the Chief Justice or his designate
[See Sections 11(3) and 11(4)].
In an arbitration with a sole
arbitrator and in the absence of agreement as to procedure
for appointment if the parties fail to agree on the arbitrator
within 30 days from the receipt of a request by one party
from the other party to so agree, the appointment shall be
made, upon request of a party, by the Chief Justice or his
designate. [See Section 17(2) and 17(5)].
Where under an appointment procedure
agreed upon by the parties
a party may request the Chief Justice or
any person or institution designated by him to take the necessary
measures, unless the agreement on the appointment procedure
provides other means for securing the appointment. The decision
of the Chief Justice or his designate is final. The Chief Justice
or his designate in appointing the arbitrator shall have due
regard to the qualifications required of the arbitrator by the
agreement of the parties and other considerations as are likely
to secure the appointment of an independent and impartial arbitrator.
[See Section 11(6)]
a party fails to act as
required under that procedure; or
the parties or the two appointed
arbitrators, fail to reach an agreement expected of them
under that procedure; or
a person, including an institution,
fails to perform any function entrusted to him or it under
In the case of appointment of
sole arbitrator or third arbitrator in an international commercial
arbitration, the Chief Justice of India or his designate may
appoint the arbitrator of a nationality other than nationalities
of the parties where the parties belong to different nationalities.
Under Section 11(10), the Chief
Justice may make such scheme as he considers appropriate,
for dealing with the matters entrusted to him under the section.
Where more than one request
has been made to the Chief Justice of different High Courts
or their designates, the Chief Justice or designate to whom
the request has been first made shall alone is competent to
decide on the request. [See Section 11(10)]
The considerations to be kept in mind by the Chief Justice are set
out in section 11(8) of the new Act. 4.3 Duties and Responsibilities
An arbitrator should be fair
and absolutely impartial. He should have no bias and should
decide the dispute referred to him in a judicious manner and
not capriciously or whimsically. The terms of reference under
the arbitration agreement should be strictly followed.
He should not disregard the
principles of natural justice. He must have scrupulous regard
to the ends of justice. He should have no interest, direct
or remote, in the subject matter of the dispute or in any
of the parties and should not act as an advocate of the party
He should not misconduct himself
or the proceedings. Failure to perform essential duties of
an arbitrator is deemed to be a misconduct.
He should not accept any illegal
gratification or receive any pecuniary inducement which may
affect the fair determination of the matters submitted for
An arbitrator should not engage
in private discussion or conference with one of the parties
on any matter connected with the case, in the absence of the
When there are two or more arbitrators, every stage of the
proceedings must be conducted in the presence of all the arbitrators.
Every judicial act must be performed after due notice to the
parties. However, arbitrators may delegate some ministerial
matters and functions to one of them or to a third person.
An arbitrator must give the
parties notice of hearing and sufficient opportunity to present
their case. Both the parties must be given equal opportunity
to produce evidence and to put forward their case.
The arbitrator is entitled to
proceed ex parte if it is clear that the party to whom reasonable
notice has been given does not appear or if there is clear
indication that he has no intention of appearing.
4.4 Arbitratorís Power
Section 13 of the new Act contains
detailed provisions as to challenge of arbitrators.
As regards notice to the parties, section 24 provides that parties
shall be given sufficient advance notice of any hearing and
of any meeting of the arbitral tribunal for the inspection of
documents, goods or other property.
The new Act has expressly provided for several matters to be
decided by the arbitrator. Some of the important provisions
in this regard are contained in section 19(3), section 20(2),
section 22(2), section 23(1), section 24(1), section 25, section
26(1), section 27(1) and so on.
4.4.1 Arbitrators's jurisdiction ó decision as to jurisdiction
The validity of an arbitration
agreement depended on the decision of the arbitrator. But the
power of the arbitrator to decide the question of the existence
of the arbitration agreement and on his jurisdiction to act
was not taken away by a mere denial of the existence of the
arbitration agreement which might be done mainly to thwart arbitration.
It is the arbitration agreement which gives jurisdiction and
not its denial or acceptance. The arbitrator could decide whether
he had jurisdiction in terms of the agreement. An aggrieved
party might apply to the court for decision on the existence
or otherwise of the arbitration agreement. This question could
be agitated by a party even before the appointment of the arbitrator.
4.4.2 Interim measures
Under the new Act the arbitral
tribunal can rule on its jurisdiction, including ruling
on any objections with respect to the existence or validity
of the arbitration agreement and for that purpose;
an arbitration clause which
forms part of a contract will be treated as an agreement
independent of the other terms of the contract, and
a decision by the arbitral
tribunal that the contract is null and void will not entail
ipso jure the invalidity of the arbitration clause.
A plea that the arbitral tribunal
does not have jurisdiction will, however, have to be raised
not later than the submission of the statement of defence.
However, a party shall not be precluded from raising such
a plea merely because that he has appointed, or participated
in the appointment of an arbitrator.
A plea that the arbitral tribunal
is exceeding the scope of its authority has to be raised
as soon as the matter alleged to be beyond the scope of
its authority is raised during the arbitral proceedings.
The arbitral tribunal may,
in either of the cases, referred to above, admit a later
plea if it considers the delay justified.
The arbitral tribunal has
to decide on a plea about lack of jurisdiction or exceeding
the scope of its authority and where the arbitral tribunal
takes a decision rejecting the plea, continue with the arbitral
proceedings and make an arbitral award.
A party aggrieved by an arbitral
award is free to make an application for setting aside the
award under Section 34.
The parties may feel the need
for safeguarding interim custody, preservation, protection,
storage, sale or disposal of the whole or part of the subject
matter of the dispute or for its inspection or for samples to
be taken. Such matters had to be referred to the Court under
Second Schedule to the Indian Arbitration Act.
4.4.3 Expert Advice
The new Act enables the court
to take interim measures in section 9, and the arbitrator in
section 17. Section 31 (6) also empowers the arbitrator at any
time during the arbitration proceedings to make an interim arbitral
award on any matter with respect to which the arbitrator may
make a final award.
The arbitrator was generally
presumed to have the power to consult any person having special
knowledge of the discipline relating to subject matter of the
reference or any expert such as a qualified accountant or solicitor.
But such advice had to be disclosed to the parties with opportunity
to rebut it.
4.4.4 Power to issue interrogatories
Section 26 of the new Act empowers
the arbitrator to appoint experts, unless otherwise agreed by
the parties. This section also provides that the expert shall
on the request of the party make available to that party for
examination, all documents, goods or other property in the possession
of the expert with which he was provided in order to prepare
The Act does not elaborate the type of the issues for which
an expert could be appointed. Questions of a scientific or technical
nature will obviously fall within the scope of this provision.
The arbitrator could administer
oath to the parties and witnesses. He could issue interrogatories
to the parties, if he thought it necessary.
4.4.5 Arbitrator's Power to Act as Amiable
There is no direct provision
on this matter in the new Act, evidently because section 27
of the new Act enables a tribunal to avail of the assistance
of a court in taking evidence.
An arbitrator could not decide
as 'amiable compositeur' or give any decision according to what
he thinks was just or reasonable. He had to decide according
4.4.6 Stating a Special Case
Section 28(2) of the new Act
recognises such a power, provided the parties have expressly
authorised the arbitrator to decide as above.
The arbitrator had power to state
a special case for the opinion of the court on any question
of law. He could also state the award in the form of a special
case for seeking the opinion of the court.
In such a case, the court would give its opinion and complete
the award. This power could be exercised by the arbitrator on
his own motion or at the request of either party to the dispute.
The arbitrator, however, was not bound or obliged to accept
such a request.
Once an arbitrator has been appointed
by a party, his authority could not be withheld or revoked,
except when power had been reserved in the agreement or with
the assistance of the court. An arbitrator who has accepted
the appointment could, however, resign.
Provisions for the termination of the mandate
of an arbitrator have been made in the new Act. The mandate of
an arbitrator shall terminate if (a) he becomes de jure or de
facto unable to perform his functions or for other reasons fails
to act without undue delay; and (b) he withdraws from his office
or the parties agree to the termination of his mandate. If the
controversy remains on the question whether an arbitrator has
become unable to perform his functions or has failed to act without
undue delay, the party may apply to the court to decide on the
termination of the mandate.
By virtue of section 14, if an arbitrator withdraws from his office
or a party agrees to the termination of a mandate of an arbitrator,
that shall not imply acceptance of the validity of any ground
of objection. Section 15 states the circumstances in which the
mandate of an arbitrator shall terminate. These are :-
Where the mandate of an arbitrator terminates,
a substitute arbitrator shall be appointed according to the rules
that were applicable to the appointment of the arbitrator being
replaced. Where an arbitrator has been replaced, he may hold hearings
afresh or may start from the point left by the previous arbitrator.
Merely because there has been a change in the composition of the
arbitral tribunal, the order or ruling of the previous arbitral
tribunal shall not be invalid.
4.6 Challenge to the appointment of arbitrator
where he withdraws from office
for any reason; or
by or pursuant to agreement
of the parties. To a certain extent Sections 14 and 15 overlap.
There were no provisions in the
Arbitration Act, 1940 as to the circumstances under which the
appointment of an arbitrator could be challenged. The rules
of some arbitral organizations provided that an arbitrator had
to discuss any kind of interest or presumptive interest in the
subject matter of the reference and whether he was interested
in any manner in any of the parties to the dispute.
4.7 Removal of arbitrator
Section 13 deals with the procedure
for challenging the appointment of an arbitrator. The party
who intends to challenge the appointment may, within 15 days
after becoming aware of the constitution of the arbitral tribunal
or after becoming aware of any circumstances giving rise to
justifiable doubts as to his independence or impartiality, send
a written statement of the reasons for the challenge to the
arbitral tribunal. The arbitral tribunal is given the power
to decide on the challenge unless the arbitrator himself withdraws
from his office or the other party agrees to the challenge.
If the challenge is not successful, the arbitral tribunal shall
continue the proceedings and make the award. After the award
has been made the party challenging the appointment of the arbitrator
can make an application for setting aside the award under Section
34. If the court sets aside the award, it will also decide as
to whether the arbitrator who was challenged, is entitled to
any fees or not.
An arbitrator could be removed
by the court if he did not proceed with the reference with reasonable
despatch. He could also be removed if he had misconducted himself
or the proceedings.
4.8 Arbitration proceedings
The mandate of an arbitrator
can be terminated under Section 14(1) of the new Act, if the
arbitrator becomes de jure or de facto unable to perform his
In case a controversy arises
on the above point, the matter is decided by the court under
4.8.1 Domestic arbitration
In non institutional arbitrations,
the arbitrators could adopt such procedures as were agreed to
by the parties. Where the arbitration was under the Rules of
an arbitral institution, those rules would apply to the conduct
of arbitration, appointment of arbitrators, filing of pleadings,
furnishing of oral and documentary evidence, hearing of parties
and making of award. The rules, however, could not violate the
mandatory provisions of the Act.
The above position, in substance, survives
under the new Act.
4.8.2 International arbitration
4.8.3 Non-Institutional Arbitration - Commencement
The rules of the organization
which the parties had agreed to would apply. These rules might
be of a domestic arbitral institution or of a foreign organization.
The rules of a foreign organization should not, however, be
opposed to any mandatory provisions of Indian law, if the arbitration
was to be held in India. If the award was pronounced outside
India, its enforceability in India was subject to the provisions
of the enactments relating to foreign awards.
The Act of 1940 did not contain
any direct provision as to when the arbitration was said to
commence. The First Schedule to the Act (where it spoke of the
arbitrator entering on the reference) had created considerable
controversy in this regard. According to many High Courts the
arbitration commenced when the arbitrator took the decision
for holding the first hearing.
In the new Act, section 21 provides that (in
the absence of an agreement between the parties) the arbitral
proceedings commence on the date on which the respondent receives
the request for referring the matter to arbitration.
4.8.4 Written pleadings
After the appointment of the
arbitrator, the parties usually exchanged pleadings, claims,
counter-claims, rejoinders, documents, etc., on which they relied,
according to the directions of the arbitrator. In simple cases,
written statements of the parties might be sufficient. In complicated
cases, parties might take the help of legal counsel for the
preparation of pleadings. This was as per the usual practice.
The Arbitration Act, 1940 did not contain any detailed rules
as to pleadings etc.
Section 23 makes detailed provisions as to
statements of claim and defence. Section 23(1) provides that within
the period of time agreed upon by the parties or determined by
the arbitral tribunal, the claimant shall state the facts supporting
his claim points at issue and relief sought. The respondent must
then state his defence.
4.8.5 Hearing of the parties to the arbitration
Section 23(2) provides that the parties may submit with their
statements all documents they consider to be relevant or may add
a reference to the documents or other evidence they will submit.
Section 23(3) further provides that unless otherwise agreed by
the parties, either party may amend or supplement the claim or
defence during the course of the arbitral proceedings. But the
arbitral tribunal may disallow the prayer for amendment on the
ground of delay.
4.8.6 Evidence of witnesses
If the parties so agreed, the
arbitrator decide the dispute on the basis of written submissions
and documents filed. If a hearing was required by the parties
or the arbitrator thought a hearing was necessary, he fixed
the time, date and place of the hearing. The parties then made
their submissions by themselves or by their representatives,
who might or might not be legally qualified persons.
If the parties wish to adduce
oral evidence, they and their witnesses were permitted to do
so. The arbitrator had power to administer oath or affirmation
to the witness. As per practice witnesses were examined and
In the new Act, Section 24(1) provides for
hearings and written proceedings before the arbitral tribunal.
The arbitral tribunal shall decide, (unless otherwise agreed by
the parties) whether to hold oral hearings for the presentation
of evidence or for oral arguments or whether the proceedings shall
be conducted on the basis of documents and other materials etc.
4.8.7 Inspection by arbitrator of the subject
matter of dispute
As per practice, if the arbitrator
desire to make an inspection of the subject matter of the dispute,
he could do so after giving the parties an opportunity to be
present at the inspection.
The procedure is to continue under the new
4.9 The Arbitral Award
4.9.1 The time limit for making the award
The arbitrator had to make the
award within four months after entering on the reference or
having been called upon to act by notice in writing by any party,
unless the agreement gave a different time schedule. The arbitrator
entered on the reference when he first applied his mind to the
dispute. The parties could, however, extend the time before
the expiry of four months. Failing such an agreement, the court
on the application of any party could extend the time.
The new Act does not lay down any time limit
as such for completing the arbitration. However, under Section
14 an arbitrator's mandate can be terminated if he fails to act
without undue delay "which means in effect if he is guilty of
4.9.2 Content and form of the award
22.214.171.124 Reasons in support of the award
Under the old law, it was not
necessary for an arbitrator to state the reasons for the award.
Reasons were given if parties by their agreement expressly desired
that reasons be given.
In domestic arbitrations, the arbitrator often preferred not
to give reasons, because if the reasoning was based on a legal
proposition which was erroneous, it was liable to be set aside
as an award containing an error of law on the face of it.
In International arbitrations, the arbitrator generally gives
the reasons. The Rules of some arbitral institutions provide
for giving the reasons in international cases, unless the parties
desire that reasons need not be given.
Section 31(3) provides that the award must
state the reasons unless the parties dispense with it or unless
the award is on agreed terms under Section 30.
126.96.36.199 Award by consent
If the parties arrived at settlement
of the dispute by common agreement during the course of arbitration
proceedings and the arbitrator was satisfied that such agreement
was genuine and not arrived at to defeat the purpose of any
law, he could render an award as per the agreement of the parties.
This was the existing practice, though the old Act was silent.
Section 30 expressly recognizes the liberty
of the parties to come to a settlement. The arbitrator, if satisfied
about the genuineness and validity of the settlement has to give
an award in terms of the settlement. In fact Section 30 further
envisages that the arbitrator may encourage efforts at settlement.
188.8.131.52 Interim Award
Unless there is an agreement
to the contrary between the parties and depending upon the nature
of the dispute, the arbitrator could make an interim award.
An interim award has the same sanctity as final award. If it
was not complied with, it could be enforced through the court
by the same procedure as in the case of final award (S 27).
Under Section 31(6), the arbitrator may make
an interim award on any matter on which final award may be made.
4.9.3 Notification of making of the award
Section 31(5) provides that after the award
is signed, copy will be given to each party.
4.9.4 Making of the award
All the arbitrators need not
sign the award at the same time or place or in the presence
of each other. It is not necessary for the parties to be present
when the award is made. The award in practice mentions the place
where it was made and its date and it bore the signatures of
the arbitrators. (The proposition states the position as usually
Section 31 lays down the requirements of the
form and contents of arbitral award as follows:-
4.9.5 Award by majority
An arbitral award shall be
made in writing and shall be signed by the member of the
For the purposes of sub-section
(1), in arbitral proceedings with more than one arbitrator,
the signatures of the majority of all the members of the
arbitral tribunal shall be sufficient so long as the reason
for any omitted signature is stated.
The arbitral award shall state
its date and the place of arbitration as determined in accordance
with Section 20 and the award shall be deemed to have been
made at that place.
An award was required to be signed
by the arbitrator to give its validity. Where there were more
than two arbitrators, then unless the arbitration agreement
provided for a unanimous decision, the award would have to be
the decision of the majority. When an arbitrator differed from
the majority decision, he could attach his dissenting opinion
to the majority decision (though it was not obligatory). If
any of the arbitrators refused to sign, that fact was mentioned
by the majority of the arbitrators making the award by majority
If no majority was possible then (unless there is an agreement
to the contrary) there could be no award which could be acted
upon. The arbitration rules of some organizations provide that
in the absence of a majority opinion, the award of the Chairman
Section 29(1) provides that unless otherwise
agreed by the parties, the decision of the arbitral tribunal shall
be made by a majority of all its members.
4.9.6 Filing of the award
The arbitrator could file the
award himself or cause the award to be filed in the court
having jurisdiction in the matter through a person authorized
in that behalf (Section 14). The court having jurisdiction
was the court which the parties would resort to, if the dispute
had been the subject matter of a suit instead of being referred
to arbitration. If the arbitrator did not file the award in
court, either party could apply to the court within 30 days
of the notice of the award for directing the arbitrator to
file the award.
After the award is filed, either
suo moto by the arbitrator or on an application by the parties,
the court would issue notices to the concerned parties. Any
of the parties could within 30 days time file objections,
if any, to the court. If no objections were filed or if they
were filed and the court saw no cause to remit the award on
any of the matters referred to arbitration for reconsideration
or to set aside the award, it would pronounce judgement according
to the award. Upon the judgement so pronounced a decree would
follow. No appeal lay from such a decree except on the ground
that it was in excess of or otherwise not in accordance with
the award (S.17).
Sections 34, 35 and 36 deal with these matters.
Section 34 deal with the applications for setting aside the arbitral
award. It provides that an application for setting aside the award
may not be made after three months have lapsed from the date on
which the party making that application has received an award
on ground specified in the clause.
4.9.7 Power to award Interest
Section 35 provides that an arbitral award shall be final and
binding on the parties and persons claiming under them. Section
36 provides that where the time for making the application to
set aside an arbitral award has expired, or where such application
has been refused by the court, the award shall be enforced as
if it were the decree of the court. Under the new Act, it will
not be necessary to make the award a rule of the court and to
pass a decree in terms of the award, as is mandatory under the
4.9.8 Correction of the award by the arbitrator
The Supreme Court held in Secretary
to the Government of Orissa Vs. Raghunath Mahapatra (1992),
CLA 54 that even under the old Act the arbitrator could award
interest from the date of submission to arbitration to the date
of the award. Section 31 sub-section (8) of the new Act empowers
the arbitrator, in a monetary award, to include interest on
the amount awarded, unless otherwise agreed by the parties.
The provision in the new law is far reaching, because the power
is expressed as covering "the whole or any part of the period
between the date on which the cause of action arose and the
date on which the award is made." Thus, the arbitrator's power
extends to the pre-arbitration period, as also to the period
for which the arbitration remained pending. After the date of
the award, section 31(8)(b) takes over and unless the award
otherwise directs, the awarded sum shall carry interest at the
rate of 18 percent per annum from the date of the award to the
date of payment.
4.9.9 Stamp duty on award
After the arbitrator has made
the award, he becomes functus officio, that is to say he ceases
to function thereafter with reference to the arbitration. However,
if there is no agreement to the contrary, he may correct in
an award, at any time after the award has been made, any clerical
mistake or error arising therein by an accidental slip or omission
An award has to be stamped with
requisite stamp duty. The rates of stamp duty vary from State
to State. If the award is not stamped or is not adequately stamped,
it may be admitted in evidence after payment of proper stamp
duty together with the penalty prescribed under the Stamp Act.
This subject is outside the Arbitration Act and falls within
the Stamp Act.
Stamp Duties are dealt with in the Indian
Stamp Act, 1899 and not in Arbitration Act, 1940. After the new
Act, the stamp duties levied by various States will continue.
The new legislation contains no provision on the subject (Just
as the old Act also contained no provision on the point).
Council of Arbitration
Tansen Marg, New Delhi 110001
Tel: 91-11-23719103, 23319760, 23319849,
Fax: 91-11-23320714, 91-11-23721504