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Neil Paul   14 February 2021

EVIDENCE

I wanted to know whether Indian Evidence Act is applicable to arbitration under section 10 Industrial Disputes Act 1947?


Quick Summary
This discussion clarifies the applicability of the Indian Evidence Act to arbitration proceedings, particularly under Section 10 of the Industrial Disputes Act 1947. While arbitrators are generally not bound by the strict technical rules of the Evidence Act or CPC, they must adhere to the principles of natural justice and fairness. The admissibility and relevance of evidence are primarily within the tribunal's jurisdiction, unless parties agree otherwise, but fundamental principles of evidence cannot be disregarded.

 3 Replies

175B083 Mahesh P S   14 February 2021

Hello,

  1. The arbitrator is not bound by the technical rules of procedure, which the courts have to observe, nor the Evidence Act, Limitation Act, CPC.
  2. Unless the parties expressly provide in the agreement, admissibility, relevance, and materiality of evidence are within the exclusive jurisdiction of the Tribunal
  3. Where the parties have not agreed to any specific procedure, the arbitral tribunal has to follow the statutory procedure. The arbitral tribunal has to follow the procedure under Sec. 19(4) of the Act
  4. An arbitrator must nevertheless observe the fundamental principles of natural justice.
  5. An arbitral tribunal is not bound by the technical and strict rules of evidence but, he must not disregard the rules of evidence which are founded on the fundamental principles of natural justice and public policy.
  6. A breach of the principles of natural justice would make the award liable to be declared invalid and inoperative (Source: ipleaders)

Read more at:

https://www.lawyersclubindia.com/articles/technical-rules-of-evidence-extent-of-applicability-to-arbitration-proceedings-9527.asp

Thank you

P. Venu (Advocate)     14 February 2021

What are the facts? What is the context?

Dr J C Vashista (Advocate)     14 February 2021

The Arbitral Tribunal shall not go as per technicalities of Civil Procedure Code or Indian Evidence Act, but adopt the principles of natural justice and fairness.


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