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TypeBare Act JurisdictionCentral Government

Arbitration Act, 1940 [Repealed] Section 38

Disputes as to Arbitrators Remuneration or Costs

~1 min read
https://sooperkanoon.com/act/35814

Bare act section · Research

About this section

Arbitration Act, 1940 [Repealed] Section 38 is part of Arbitration Act, 1940 [Repealed] - Disputes as to Arbitrators Remuneration or Costs. Read the section text below and explore Indian court judgments that cite it.

Research copy - verify against official government publications before filing or court use.

Section Text

(1) If in any case an arbitrator or umpire refuses to deliver his award except on payment of the fees demanded by him, the Court may, on an application in this behalf, order that the arbitrator or umpire shall deliver that award to the applicant on payment into Court by the applicant of the fees demanded, and shall, after such inquiry, if any, as it thinks fit, further order that out of the money so paid into Court there shall be paid to the arbitrator or umpire by way of fees such sum as the Court may consider reasonable and that the balance of the money, if any, shall be refunded to the applicant.

(2) An application under sub-section (1) may be made by any party to the reference unless the fees demanded have been fixed by written agreement between him and the arbitrator or umpire, and the arbitrator or umpire shall be entitled to appear and be heard on any such application.

(3) The Court may make such orders as it thinks fit respecting the costs of an arbitration where any question arises respecting such costs and the award contains no sufficient provision concerning them.

Frequently asked questions

What does Arbitration Act, 1940 [Repealed] Section 38 provide?

Section Section 38 of the Arbitration Act, 1940 [Repealed] (Disputes as to Arbitrators Remuneration or Costs) is reproduced on this page as part of the Arbitration Act, 1940 [Repealed]. Lawyers and researchers use it to read the statutory wording before checking how courts have applied this section in reported judgments.

How do I find judgments on Arbitration Act, 1940 [Repealed] Section 38?

Open “Find citing judgments” on this page to search Supreme Court, High Court, and tribunal decisions that reference Arbitration Act, 1940 [Repealed] Section 38. Advanced act search can narrow results by court, year, or additional act filters.

Is the section text on SooperKanoon official?

SooperKanoon hosts bare act text for research and quick reference. For filings or compliance in Central, confirm the wording against the official state gazette or authorized publication.

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