Author Profile

Legal India

Posted On by &filed under .


The Arbitrator being a private Tribunal cannot or does not have the authority or power to issue summons to witnesses or to require anyone to produce documents. The Law however as provided in Section 27 of the Act of 1996 gives the Arbitral Tribunal, or a party with a approval of the Arbitral Tribunal the power to apply to the court for assistance in taking evidence. The application has to be made giving the particulars as mentioned in Section 27 of the Act of 1996 and the manner in which the Courts assistance is required mainly for calling witness or expert witnesses or a statement of the subject matter of the testimony required or the description of any document to be produced or property to be inspected.

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 Arbitrator.

The Court may issue the same processes to the witnesses as it may issue in suits tried before it.

Persons failing to attend in accordance with such process, or making any other default or refusing to give their evidence or guilty of any contempt to the Arbitrator during the conduct of Arbitration proceedings, shall be subject to the like disadvantages, penalties and punishments by the order of the court on the representation of the Arbitrator as they would incur for the like offences in suits tried before the court. The expression processes include summonses and commissions for the examination of witnesses and summonses to produce the documents.


Comments are closed.