The Arbitration (Orissa Second Amendment) Act, 1991

Act 3 of 1992

An Act to provide for the Second certain ooses with respect to the Arbitration Act, 1940, and to matters connected with the subject.

Read full Act

S.1 Short title

This Act may be called the Arbitration (Orissa Amendment) Act, 1994.

S.2 Amendment of Section 41-A

In the Arbitration Act, 1940 to sub-section (1) of section 41-A, the following previous and Explanation shall be added, namely:—

"Provided that the State Government may, by notification, exempt from the operation of this sub-section any arbitration agreement to which a Company incorporated outside India or a subsidiary thereof which is incorporated in India is a party, if the Government is satisfied that:—

(i) such party to the agreement has expressly agreed to adjudication of the dispute by arbitration conducted in accordance with the arbitration rules of the United Nation's Commission on International Trade Law; and
(ii) any of the authorities specified in this sub-section being a party to such agreement has, in the public interest, agreed to such a condition of adjudication;

and, in every case where such exemption is made, the notification shall as so on as it is published in the Gazette, be laid before the Legislative Assembly for a to

S.3 Validity and remedy for non-speaking award

Notwithstanding anything to the contrary in the principal Act, or in any contract, or in any award made by any arbitrator or umpire in relation to any dispute, or in any Judgement, decree or order passed by any court in relation to any such dispute or award,—

(i) the amendment made by section 2 shall apply to and in relation to every dispute of the nature specified therein in respect of which award has been made by an arbitrator or umpire, whether such award has been, or is pending to be, made the rule of the Court under section 17 of the principal Act;

(ii) any reference made to an arbitrator or umpire in respect of a dispute in relation to which a non-speaking award has been passed inconsistently with the provision of sub-section (2) of section 13 of the principal Act as inserted by section 2 of this Act, whether such award has been, or is pending to be, made the rule of the Court, shall be deemed to be invalid; and

(iii) in the case of ever

S.4 Repeal and savings

(1) The Arbitration (Orissa Amendment) Ordinance, 1991 is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act.