Copyright Act, 1963

Reference of cases of dispute to arbitration.

41.—(1) In the case of any dispute referred to the Controller under section 13 , section 17 or section 48 of this Act, the Controller may at any time—

(a) if the parties to the dispute consent, or

(b) if the case requires any prolonged examination of documents or other investigation which, in the opinion of the Controller, could not conveniently be made before him,

order the case to be referred to an arbitrator agreed on by the parties, or, in the absence of such agreement, appointed by the Controller.

(2) The award made by an arbitrator in any case referred to him under this section shall, if the parties to the dispute consent to the reference, be final and binding on the parties.

(3) An appeal shall lie to the High Court from any award made by an arbitrator in pursuance of a reference under this section to which the parties to the dispute did not consent and the High Court may make such order confirming, annulling or varying the award of the arbitrator as it thinks fit.

(4) Subject to subsection (5) of this section, a decision of the High Court under this section shall be final and not appealable.

(5) By leave of the High Court, an appeal from a decision of the High Court under this section shall lie to the Supreme Court on a specified question of law.