- Where it is provided by a term in a contract to which an insolvent is a party that any differences arising thereout or in connection therewith shall be referred to arbitration, the said term shall, if the trustee in bankruptcy or, as the case may be, the receiver or (as the case may be) the liquidator adopts the contract, be enforceable by or against him so far as it relates to any such differences.
- Where a person who has been adjudged an insolvent had, before the commencement of the insolvency proceedings, become a party to an arbitration agreement, and any matter to which the agreement applies requires to be determined in connection with, or for the purposes of, the insolvency proceedings, then, if the case is one to which sub-section (1) does not apply, any other party to the agreement or, with the consent of the committee of inspection, the trustee in bankruptcy, may apply to the Court having jurisdiction over the insolvency proceedings for an order directing that the matter in question shall be referred to arbitration in accordance with the arbitration agreement, and that Court may, if it is of opinion that, having regard to all the circumstances of the case, the matter ought to be determined by arbitration, make an order accordingly.
Chapter VIII — Part I — Miscellaneous (Sections 38–43)
Section 41
Provisions in case of insolvency
Printed from Law on Tips • Arbitration and Conciliation Act, 1996