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Sonia Saini (advocate)     13 February 2011

Arbitration Query

Section 19 of the Arbitration and Conclition act lays down the the arbitral tribunal shall not be bound by Civil Procdure Code and Indian Evidence Act...and the second subsection states that parties can agree upon the procedure by which they would like to get the proceeding conducted..Can the parties chose to be bound by cpc and indian evidence act ? 


 1 Replies

R.Sivakumar (Advocate)     14 February 2011

Dear poppy,

It means The parties to the proceedng are free to agree on the procedure to be followed.If there is no agreement regarding procedure,the Arbitral Tribunal may conduct the proceedings in the manner it considers appropriate.The Arbitral Tribunal shall not bre bound by the code of civil procedure,1908 or the Indian Evidence

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