Arbitration
& Conciliation Act, 1996
CHAPTER V: CONDUCT
OF ARBITRAL PROCEEDINGS
18. Equal treatment of parties
The
parties shall be treated with equality and each party shall be given a
full opportunity to present his case.
19. Determination of rules of procedure
(1)
The arbitral tribunal shall not be bound by the Code of Civil Procedure,
1908 or the Indian Evidence Act, 1872.
(2)
Subject to this Part, the parties are free to agree on the procedure to
be followed by the arbitral tribunal in conducting its proceedings.
(3)
Failing any agreement referred to in sub-section (2), the arbitral tribunal
may, subject to this Part, conduct the proceedings in the manner it considers
appropriate.
(4)
The power of the arbitral tribunal under sub-section (3) includes the
power to determine the admissibility, relevance, materiality and weight
of any evidence.
20. Place of arbitration
(1)
The parties are free to agree on the place of arbitration.
(2)
Failing any agreement referred to in sub-section (1), the place of arbitration
shall be determined by the arbitral tribunal having regard to the circumstances
of the case, including the convenience of the parties.
(3)
Notwithstanding sub-section (1) or sub-section (2), the arbitral tribunal
may, unless otherwise agreed by the parties, meet at any place it considers
appropriate for consultation among its members, for hearing witnesses,
experts or the parties or for inspection of documents, goods or other
property.
21. Commencement of arbitral proceedings
Unless
otherwise agreed by the parties, the arbitral proceedings in respect of
a particular dispute commence on the date on which a request for that
dispute to be referred to arbitration is received by the respondent.
22. Language
(1)
The parties are free to agree upon the language or languages to be used
in the arbitral proceedings.
(2)
Failing any agreement referred to in sub-section (1), the arbitral tribunal
shall determine the language or languages to be used in the arbitral proceedings.
(3)
The agreement or determination, unless otherwise specified, shall apply
to any written statement by a party, any hearing and any arbitral award,
decision or other communication by the arbitral tribunal.
(4)
The arbitral tribunal may order that any documentary evidence shall be
accompanied by a translation into the language or languages agreed upon
by the parties or determined by the arbitral tribunal.
23. Statements of claim and defence
(1)
Within the period of time agreed upon by the parties or determined by
the arbitral tribunal, the claimant shall state the facts supporting his
claim, the points at issue and the relief or remedy sought, and the respondent
shall state his defence in respect these particulars, unless the parties
have otherwise agreed as to the required elements of those statements.
(2)
The parties may submit with their statement all documents they consider
to be relevant or may add a reference to the documents or other evidence
they will submit
(3)
Unless otherwise agreed by the parties, either party may amend or supplement
his claim or defence during the course of the arbitral proceedings, unless
the arbitral tribunal considers it inappropriate to allow the amendment
or supplement having regard to the delay in making it.
24. Hearings and written proceedings
(1)
Unless otherwise agreed by the parties, the arbitral tribunal shall decide
whether to hold oral hearings for the presentation of evidence or for
oral argument, or whether the proceedings shall be conducted on the basis
of documents and other materials:
PROVIDED
that the arbitral tribunal shall hold oral hearings, at an appropriate
stage of the proceedings, on a request by a party, unless the parties
have agreed that no oral hearing shall be held.
(2)
The parties shall be given sufficient advance notice of any hearing and
of any meeting of the arbitral tribunal for the purposes of inspection
of documents, goods or other property.
(3)
All statements, documents or other information supplied to, or applications
made to the arbitral tribunal by one party shall be communicated to the
other party, and any expert report or evidentiary document on which the
arbitral tribunal may rely in making its decision shall be communicated
to the parties.
25. Default of a party
Unless
otherwise agreed by the parties, where, without showing sufficient cause-
(a)
the claimant fail to communicate his statement of claim in accordance
with sub-section (1) of section 23, the arbitral tribunal shall terminate
the proceedings;
(b)
the respondent fail to communicate his statement of defence in accordance
with sub-section (1) of section 23, the arbitral tribunal shall continue
the proceedings without treating that failure in itself as an admission
of the allegations by the claimant;
(c)
a party fails to appear at an oral hearing or to produce documentary evidence,
the arbitral tribunal may continue the proceedings and make the arbitral
award on the evidence before it.
26. Expert appointed by arbitral tribunal
(1)
Unless otherwise agreed by the parties, the arbitral tribunal may-
(a)
appoint one or more experts to report to it on specific issues to be determined
by the arbitral tribunal, and
(b)
require a party to give the expert any relevant information or to produce,
or to provide access to, any relevant documents, goods or other property
for his inspection.
(2)
Unless otherwise agreed by the parties, if a party so requests or if the
arbitral tribunal considers it necessary, the export shall, after delivery
of his written or oral report, participate in an oral hearing where the
parties have the opportunity to put questions to him and to present expert
witnesses in order to testify on the points at issue.
(3)
Unless otherwise agreed by the parties, the expert shall, on the request
of a party, make available to that party for examination all documents,
goods or other property in the possession of the expert with which he
was provided in order to prepare his report.
27. Court assistance in taking evidence
(1)
The arbitral tribunal, or a party with the approval of the arbitral tribunal,
may apply to the court for assistance in taking evidence.
(2)
The application shall specify-
(a)
the names and addresses of the parties and the arbitrators;
(b)
the general nature of the claim and the relief sought;
(c)
the evidence to be obtained, in particular,-
(i)
the name and address of any person to be heard as witness or expert witness
and a statement of the subject-matter of the testimony required;
(ii)
the description of any document to be produced or property to be inspected.
(3)
The court may, within its competence and according to its rules on taking
evidence, execute the request by ordering that the evidence be provided
directly to the arbitral tribunal.
(4)
The court may, while making an order under sub-section (3), issue the
same processes to witnesses as it may issue in suits tried before it.
(5)
Persons failing to attend in accordance with such processes, or making
any other default, or refusing to give their evidence, or guilty of any
contempt to the arbitral tribunal during the conduct of arbitral proceedings,
shall be subject to the like disadvantages, penalties and punishments
by order of the court on the representation of the arbitral tribunal as
they would incur for the like offences in suits tried before the court.
(6)
In this section the expression "processes" includes summonses
and commissions for the examination of witnesses and summonses to produce
documents. |
