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Legal Notes

Legal Notes (By a legal correspondent) I. STATING A CASE HP he Court's discretion in directing arbitrators to state a case is a subject of -1 great interest. It is provided by Section 21 of the Arbitration Act, 1950, that : "(1) An arbitrator .... may, and shall if so directed by the High Court, state . . . (b) an award .... in the form of a special case for the decision of the High Court". If the arbitrator or umpire refuses to state a case for the opinion of the Court when requested to do so, application may then be made to the Court for an order directing him to do so. The general principle on which the Court will make an order for the state­ ment of a case involves consideration of whether the question of law on which the opinion of the Court is desired is material to the issues between the parties, and, having regard to all the circumstances of the case, is such as should be determined by the Court. There is therefore a discretion in the Court whether it should make an order that the arbitrator or umpire should state a case. The application http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Asian International Arbitration Journal Kluwer Law International

Legal Notes

Asian International Arbitration Journal , Volume 40 (2): 5 – Apr 1, 1973
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Publisher
Kluwer Law International
Copyright
Copyright © 1973 Kluwer Law International BV, The Netherlands
ISSN
1574-3330
Publisher site
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Abstract

(By a legal correspondent) I. STATING A CASE HP he Court's discretion in directing arbitrators to state a case is a subject of -1 great interest. It is provided by Section 21 of the Arbitration Act, 1950, that : "(1) An arbitrator .... may, and shall if so directed by the High Court, state . . . (b) an award .... in the form of a special case for the decision of the High Court". If the arbitrator or umpire refuses to state a case for the opinion of the Court when requested to do so, application may then be made to the Court for an order directing him to do so. The general principle on which the Court will make an order for the state­ ment of a case involves consideration of whether the question of law on which the opinion of the Court is desired is material to the issues between the parties, and, having regard to all the circumstances of the case, is such as should be determined by the Court. There is therefore a discretion in the Court whether it should make an order that the arbitrator or umpire should state a case. The application

Journal

Asian International Arbitration Journal – Kluwer Law International

Published: Apr 1, 1973

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