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The Gazette of India

EXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 62] NEW DELHI, MONDAY, NOVEMBER 26, 1973/AGRAHAYANA 5, 1895

Separate paging is given to this Part in order that it may be filed

as a separate compilation.

MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi, the 26th November, 1973/Agrahayana 5, 1895 (Saka)

The following Act of Parliament received the assent of the President on the 26th November, 1973, and is hereby published for general informa- tion: —

THE FOREIGN AWARDS (RECOGNITION AND ENFORCEMENT) AMENDMENT ACT, 1973

No. 47 OF 1973

[20th November, 1973] An Act to amend the Foreign Awards (Recognition and Enforcement) Act, 1961.

BE it enacted by Parliament in the Twenty-fourth Year of the Republic of India as follows: —

I. This Act may be called the Foreign Awards (Recognition and En- Short title.

forcement) Amendment Act, 1973.

2- For section 3 of the Foreign Awards (Recognition and Enforcement) Act, 1961, the following section shall be substituted, namely: —

Amend-

ment of

Act 48 of

1091.

3. Notwithstanding anything contained in the Arbitration Act, 10 of 1940 S of 1908stay of proceed- ings in respect of matters to be referred to arbi- tration. 1940, or in the Code of Civil Procedure, 1908, if any party to an agree- ment to which Article II of the Convention set forth in the Schedule applies, or any person claiming through or under him commences any legal proceedings in any court against any other party to the agree- ment or any person claiming through or under him in respect of any matter agreed to be referred to arbitration in such agreement, any party to such legal proceedings may, at any time after appearance and before filing a written statement or taking any other step in the pro- ceedings, apply to the Court to stay the proceedings and the Court, ( 631 )

unless satisfied that the agreement is null and void, inoperative or incapable of being performed or that there is not, in fact, any dispute between the parties with regard to the matter agreed to be referred, shall make an order staying the proceedings.".

K. K. STJNDAHAM,

Secy, to the Govt. of Indiau.