These rules shall be
called the Rules under the Arbitration Act, 1940 and shall come into force from
the date of their publication in the Karnataka Gazette. On coming into force
of these rules, all existing rules, orders, circulars, practice, conventions or
the like governing any matter dealt with or covered by these rules shall stand
repealed: Provided that this repeal shall not affect or invalidate anything
done, any action or decision taken, any disposal made, any decree or order or
proceeding made or issued under the existing rules before the commencement of
these rules. All applications and
proceedings under the Arbitration Act, 1940, hereinafter called "the
Act" shall be headed "In the matter of the Arbitration Act,
1940" and save as otherwise provided shall be in the form of a petition. Every petition shall
be in writing signed and verified in the manner prescribed for verification of
pleadings under the Code of Civil Procedure, specifying the name, description
and place of residence of the petitioner and the respondent and shall contain a
statement of the material facts and the nature of the relief prayed for and
shall specify the persons liable to be affected thereby. (a)
Every special case stated
under Section 13(b) of the Act shall contain only a statement in a summary form
of the material facts and points for the opinion of the Court. (b)
The Court shall issue notice
to the parties and pronounce its opinion under Section 14(3) in open Court,
after hearing the parties, if they appear and make their representations. (c)
It shall be the duty of the
Arbitrators to have certified copies of such opinion added to and made part of
the award. (a)
The Court may, on
application by any party to an Arbitration Proceeding, make an order directing
the Arbitrators to file their award into Court. (b)
When the Arbitrators have
filed the award in Court by themselves or by direction of the Court, the Court
shall cause notice of the filing of the award to be issued to the parties. The
final hearing of the matter shall not be taken up on a date earlier than 30
days next after the completion of the service of notice on all the parties. If any party
interested in the award makes an application for setting aside the award within
the time allowed for the purpose under the law, the application shall be
registered as a suit, the applicant being treated as a plaintiff and the
parties to the award other than the applicant being treated as defendants and
the proceedings thereafter shall be continued as in the case of a suit. If no application for
setting aside the award is filed within the time allowed by law, the Court
shall proceed as provided in Section 17 of the Act. When the award or a
signed copy of it is filed in Court under Section 14(2) of the Act, the arbitrator
shall send to the Court any depositions or documents which have been taken and
proved before him. He shall also file with the petition a copy of the notice
given to the parties concerned and an affidavit of service of such notice. The Forms in the
Appendix shall be used for the respective purposes therein mentioned with such
variations as circumstances of each case may require.RULES UNDER ARBITRATION ACT, 1940
In exercise of the powers conferred by Section 44 of the Indian Arbitration
Act, 1940, the High Court of Karnataka hereby makes the following rules in
supersession of all the rules in force by virtue of Section 119 of the State
Reorganisation Act (Central Act XXXVII of 1956) in the different areas of the
State and to have effect throughout the territories of the State.
The application under Section 20(1) of the Act shall be numbered and registered
as a suit and shall be accompanied by an Arbitration Agreement in Original or a
copy thereof.
The proceedings registered as suits shall be designated Arbitration Suits and
all provisions of Civil Procedure Code applicable to suits shall as far as may
apply to such proceedings.
Without prejudice to the express provision as to issue of notice contained in
the Act or these rules, the Court shall, in all proceedings under the Act,
direct notice of the petition to be given to all persons mentioned therein and
to such other persons as may seen to it to be likely to be affected by the
proceedings, requiring all or any of such persons to show-cause, within the
time specified in the notice, why the relief sought in the petition should not
be granted.
In respect of matters not provided for in the foregoing rules or in the Act,
the provisions of the Code of Civil Procedure, Civil Rules of Practice and the
Circular orders issued by the High Court from time to time shall mutatis
mutandis apply to all proceedings before the Court and to all appeals under the
Act.