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Section 38

The Arbitrations and Conciliation (Third) Ordinance, 1996Ordinance · 1996

(7) The arbitral tribunal may fix the amount of the deposit or supplementary deposit, as the case may be, as an advance for the costs referred to in sub-section (8) of section 31, which it expects will be incurred in respect of the claim submitted to it:

Provided that where, apart from the claim, a counter-claim has been submitted to the arbitral tribunal, it may fix separate amount of deposit for the claim and counter-claim.

(2) The deposit referred to in sub-section (1) shall be payable in equal shares by the parties:

Provided that where one party fails to pay his share of the deposit, the other party may pay that share-

Provided further that where the other party also does not pay the aforesaid share in respect of the claim or the counter-claim, the arbitral tribunal may suspend or terminate the arbitral proceedings in respect of such claim or counter-claim, as the case may be.

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 17

(5) Upon termination of the arbitral proceedings, the arbitral tribunal shall reader an accounting to the parties of the deposits received and shall return any unexpended balance to the party or parties, as the case may be.

Where this provision sits

ActThe Arbitrations and Conciliation (Third) Ordinance, 1996
Section38
StatusIn force as published by the source

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