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The award shall be final and binding on the parties and person claming under them and where the time for making a application to set aside the award under Section 34 has expired or such application having been made, it has been refused, the award shall be in forced under the Court of civil procedure, 1908 in the same manner as if it were a decree of the Court.

 

This is a significant departure from the old Law of Arbitration. Under the old Law the procedure was that the Arbitrator shall file the award and then the same will come for judgement upon award and if an application for setting aside the award has been made or disposed of and dismissed a judgement and decree terms of the award will follow. This procedure has given a go by and the present Law is that upon the expiry of the time for making an application to set aside the award or upon dismissal of such application is made the award itself shall be enforced as a decree of Court. (Section 35 and 36).

 


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