Prashant Agnihotri (Lawyer) 12 December 2014

Admissibility of evidence in arbitral tribunal

Section 19(4) of Arbitration &conciliation act 1996 said "The power of arbitral tribunal under sub section (3)includes the power to determine the admissibility, relevance ,materiality & weight of any evidence.

My Question are:

Q.1. On which provisions of law ,The Arbitral tribunal can determine the validity & admissibility of evidences?

Q.2. Is the Evidence Submitted under the provisions of Section 65B of Indian Evidence act 1872 is admissible in the Arbitral Tribunal?

Reply Follow

4 Replies

Advocate Bhartesh goyal (advocate) 15 December 2014

[1] under order 13 rule 4 of cpc.

[2] yes.

Prashant Agnihotri (Lawyer) 16 December 2014

Thank you sir , But Abitrator is Saying CPC 1908 & IEA act 1872 is not applicable in Arbitration proceeding according to Arbitration & Conciliation act 1996

Advocate Bhartesh goyal (advocate) 16 December 2014

It is correct that Arbitrator should adopt summary procedure while conducting the matter but he can not ignore the essential provisions of cpc wherever required..

Prashant Agnihotri (Lawyer) 16 December 2014

Thanks sir, can you suggest me some citations, where apllicability of CPC 1908 & IEA act 1996 , in the proceedings under Arbitration & concliation act 1996 is stated.