CS Professional · Arbitration, Mediation and Conciliation

Arbitral Proceedings, Pleadings and Evidence Study Guide

This chapter covers how an arbitration runs once it starts: equal treatment of parties, place and language, statements of claim and defence, hearings, default of a party, court help with evidence, interim measures and what cannot be used as evidence later. Solve questions by stating the provision, applying the facts, then concluding.

What this chapter covers

This chapter follows an arbitration from the first procedural steps to the evidence stage. You start with the basic duty of fairness under section 18: parties are treated with equality and each gets a full opportunity to present the case. Then you move through place and language (sections 20 and 22), pleadings (section 23), hearings (section 24), default (section 25), court help in taking evidence (section 27) and interim measures (sections 9 and 17). It closes with section 81, which bars the use of conciliation material as evidence in other proceedings.

The chapter links to the rest of the paper in two ways. Before it come the arbitration agreement and the constitution of the tribunal. After it come the award, its challenge and enforcement. Most facts you read in a case question here decide whether a later award stands or falls, so a procedural lapse in this chapter often becomes a ground of challenge later.

The paper is written and case-based. Expect a short fact pattern, such as a respondent who skips the defence or a party who wants a witness compelled. You must name the provision, apply it to the facts and reach a conclusion. The chapter also supports drafting work, such as a statement of claim, a counterclaim or an application for interim relief.

Arbitration and Conciliation carries 70 marks in Elective 2 (7.1), and procedure is where most fact-based questions are set. The sections are short, so you can learn them exactly, and small details such as the six-month limit in section 23(4) or the 90-day rule in section 9(2) are easy marks when you quote them correctly. The same sections also help you in later chapters on awards and challenges, so the effort pays twice. Since the elective is open book, your edge lies in finding the right section fast and applying it clearly, not in memory alone.

Arbitral Proceedings, Pleadings and Evidence: topics in the order to study them

1Equal Treatment and Conduct of Arbitral ProceedingsSection 18 is the base principle. Every later rule on hearings, default and evidence is read against it.
2Commencement, Place and Language of ArbitrationThese are the first practical choices. Learn who decides under sections 20 and 22 when parties do not agree.
3Statement of Claim and Defence (Pleadings)Pleadings come next in real life. Section 23 covers contents, documents, counterclaim, amendment and the six-month time limit.
4Hearings, Written Proceedings and Default of a PartyOnce pleadings close, hearings follow. Sections 24 and 25 show what the tribunal does when a party fails to act.
5Experts, Court Assistance and EvidenceEvidence is taken after hearings are set. Section 27 explains when the tribunal can seek help from the Court and what the Court may do.
6Interim Measures and Settlement during ProceedingsCompare section 9 (Court) with section 17 (tribunal) only after you know the flow of proceedings. Settlement fits in here too.
7Admissibility of Evidence in Other ProceedingsSection 81 is short and sits in the conciliation part, so it is best studied last as a clean contrast with arbitral evidence.

How to prepare Arbitral Proceedings, Pleadings and Evidence

Treat this chapter as a timeline. Learn each section in the order a dispute moves, and keep a one-line test for each.

Read each section in the bare Act first. Underline the conditions, such as 'unless otherwise agreed by the parties' and 'sufficient cause'.
Build a timeline on one page: tribunal receives notice of appointment, claim and defence within six months, hearings, evidence, interim relief.
Make a two-column table in your notes for section 9 against section 17: who decides, when, and the section 9(3) limit once the tribunal is constituted.
For section 25, write the three outcomes separately: claimant fails to file the claim, respondent fails to file the defence, party fails to appear or produce documents.
Practise three to four case questions in the format provision, analysis, conclusion. Write each in under ten minutes.
Practise one drafting task: a short statement of claim with facts, points at issue and relief sought, with a counterclaim paragraph.
Tab your bare Act for the open-book paper so you can reach sections 9, 17, 18, 20, 22 to 25, 27 and 81 within seconds.

Common mistakes in Arbitral Proceedings, Pleadings and Evidence

Treating a respondent's failure to file a defence as an admission of the claim.
Fix: Quote section 25(b): the tribunal continues the proceedings without treating the failure in itself as an admission, and may treat the right to file as forfeited.
Applying to the Court for interim relief after the tribunal is constituted without any reason.
Fix: State that the Court will not entertain it unless circumstances make the section 17 remedy not efficacious.
Mixing up what happens when the claimant defaults and when the respondent defaults.
Fix: Memorise: claimant no claim, termination; respondent no defence, continue; any party no appearance or documents, award on available evidence.
Stating the six-month limit from the wrong date or as a limit for the whole arbitration.
Fix: Say that section 23(4) covers only the statement of claim and defence, counted from receipt of written notice of appointment by the arbitrator or all arbitrators.
Giving a general fairness answer without naming the section.
Fix: Open every answer with the provision, such as section 18 or 24(3), then apply the facts and conclude.
Assuming the tribunal itself can punish a defaulting witness.
Fix: Explain that the Court issues processes, and on the tribunal's representation, applies the same penalties as in suits under section 27(5).

Last-day revision: Arbitral Proceedings, Pleadings and Evidence

Section 18: parties are treated with equality and each gets a full opportunity to present the case.
Section 20: parties are free to agree the place; failing that, the tribunal decides, having regard to the convenience of the parties.
Section 20(3): unless parties agree otherwise, the tribunal may meet anywhere it considers appropriate for consultation, hearing witnesses or inspecting documents.
Section 22: parties agree the language; failing that, the tribunal decides, and it may order translations of documents.
Section 23(1): claim states the facts, the points at issue and the relief sought; the respondent states the defence.
Section 23(2A): a counterclaim or set-off is adjudicated only if it falls within the scope of the arbitration agreement.
Section 23(4): claim and defence must be completed within six months from the arbitrator's receipt of written notice of appointment.
Section 24: an oral hearing must be held on a party's request unless the parties agreed on no oral hearing; adjournments need sufficient cause and costs may be imposed.
Section 25: no claim means termination; no defence means proceedings continue without treating it as an admission; non-appearance means the tribunal may decide on the evidence before it.
Section 27: the tribunal, or a party with its approval, may apply to the Court for help in taking evidence.
Section 9(2) and (3): arbitration must start within 90 days of a pre-arbitral court order; after the tribunal is constituted the Court entertains section 9 applications only if section 17 is not efficacious.
Section 81: views, admissions, proposals and willingness to accept a proposal in conciliation cannot be relied on as evidence in other proceedings.

Arbitral Proceedings, Pleadings and Evidence practice questions

Arbitral Proceedings, Pleadings and Evidence: frequently asked questions

Which sections matter most in this chapter?

Sections 9, 17, 18, 20, 22, 23, 24, 25, 27 and 81 form the core of this chapter. Sections 23, 25 and 9 with 17 give the most case-based questions because they have clear conditions and consequences.

Can the parties change the language or place of arbitration?

Yes. Under sections 20 and 22 the parties are free to agree on the place and the language. Only if they do not agree does the tribunal decide, having regard to the circumstances, including the convenience of the parties for the place.

What is the difference between section 9 and section 17?

Section 9 lets a party apply to a Court for interim measures, including before arbitration starts. Section 17 lets a party apply to the tribunal during the proceedings. Once the tribunal is constituted, the Court entertains a section 9 application only if section 17 would not be efficacious.

Is this chapter open book in the exam?

Elective papers, including 7.1, are open book. You still need to know where each section sits and what its conditions are, because the answer must apply the law to the facts in the question.

Can a party use conciliation admissions in a later arbitration?

No. Section 81 bars a party from relying on views, suggestions, admissions, conciliator proposals or willingness to accept a proposal from the conciliation as evidence in arbitral or judicial proceedings, whether or not they relate to the same dispute.