40. Small Cause Court no to have jurisdiction over arbitrations save arbitrations in suits
before it:- A Small Cause Court shall have no jurisdiction over any arbitration proceedings or
over any application arising thereout save on application made under section 21.
41. Procedure and powers of Court:- Subject to the provisions of this Act and of rules made
thereunder (5 of 1908)
(a) the provisions of Code of Civil Procedure, 1908 , shall apply to all proceedings before
the Court, and to all appeals, under this Act, and
(b) the Court shall have, for the purpose of, and in relation to, arbitration proceedings, the
same power of making orders in respect of any of the matters set out in the Second Schedule as it
has for the purpose of, and in relation to, any proceedings before the Court.
Provided that nothing in clause (b) shall be taken to prejudice any power which may be
vested in an arbitrator or umpire for making orders with respect to any of such matters.
42. Service of notice by party or arbitrator:- Any notice required by this Act to be served
otherwise than through the Court by a part to an arbitration agreement or by an arbitrator or
umpire shall be served in the manner provided in the arbitration agreement, or if there is no such
provision, either –
(a) by delivering it to the person on whom it is to be served, or
(b) by sending it by post in a letter addressed to that person at his usual or last known
place of abode or business in India and registered under Chapter VI of the Indian Post Office
Act, 1908 (6 of 1898).
43. Power of Court to issue processes for appearance before arbitrator:- (1) The Court shall
issue the same processes to the parties and witnesses whom the arbitrator or umpire desire to
examine as the Court may issue in suits tried before it.
(2) Persons failing to attend in accordance with such process, or making any other
default, or refusing to give their evidence, or guilty of any contempt to the arbitrator or umpire
during the investigation of the reference, shall be subject to the like disadvantages, penalties and
punishments by order of the Court on the representation of the arbitrator or umpire as they would
incur for the like offences in suits tried before the Court.
(3) In this section the expression "processes" includes summonses and commissions for
the examination of witnesses and summonses to produce documents.
44. Power to High Court to make rules:- The High Court may make rules consistent with this
Act as to –
(a) the filing of awards and all proceedings consequent thereon or incidental thereto;
(b) the filing and hearing of special cases and all proceedings consequent thereon or
incidental thereto;
(c) the staying of any suit or proceeding in contravention of an arbitration agreement;
(d) the forms to be used for the purposes of this Act;
(e) generally, all proceedings in Court under this Act;
45. Government to be bound:- The provisions of this Act shall be binding on the Government.
46. Application of Act to statutory arbitrations:- The provisions of this Act, except subsection (1) of section 6 and section 7, 12, 36 and 37, shall apply to every arbitration under any
other enactment for the time being in force, as if the arbitration were pursuant to an arbitration
agreement and as if that other enactment were an arbitration agreement, except in so far as this
Act is inconsistent with that other enactment or with any rules made thereunder.
47. Act to apply to all arbitrations:- Subject to the provisions of section 46, and save in so far
as is otherwise provided by any law for the time being in force, the provisions of this Act shall
apply to all arbitrations and to all proceedings thereunder:
Provided that an arbitration award otherwise obtained may with the consent of all the
parties interested be taken into consideration as a compromise or adjustment of a suit by any
Court before which the suit is pending.
48. Saving for pending references:- The provisions of this Act shall not apply to any reference
pending at the commencement of this Act, to which the law in force immediately before the
commencement of this Act shall, notwithstanding any repeal effected by this Act, continue to
apply.
49. Repeals and amendments:- [Repealed by the Repealing and Amending Act, 1945 (6 of
1945), S.2 and Sch. I].
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