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Arbitration, Mediation and Conciliation · Arbitral Proceedings, Pleadings and Evidence

Equal Treatment and Conduct of Arbitral Proceedings under Sections 18 and 19

Updated 11 October 2026 · Fact-checked

Section 18 of the Arbitration and Conciliation Act, 1996 says the tribunal must treat parties with equality and give each a full opportunity to present its case. Section 19 says parties may agree the procedure; failing that, the tribunal decides it. Solve questions by applying both: agreement first, tribunal discretion next, fairness always.

Understand Equal Treatment and Conduct of Arbitral Proceedings

An arbitral tribunal is a private forum. It is not a civil court. So the Act gives it freedom to run the case, but it also sets a floor of fairness. Sections 18 and 19 together state that balance.

Section 18 is short. The parties shall be treated with equality, and each party shall be given a full opportunity to present his case. This is the Act's statement of natural justice. It applies to both sides, at every stage, and the tribunal cannot waive it.

Section 19 deals with procedure. Under section 19(1), the tribunal is not bound by the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872. Under section 19(2), subject to Part I, the parties are free to agree the procedure the tribunal will follow. This is party autonomy.

If the parties have not agreed, section 19(3) lets the tribunal conduct the proceedings in the manner it considers appropriate, subject to Part I. Section 19(4) adds that this power includes deciding the admissibility, relevance, materiality and weight of any evidence.

Think of it as a ladder. First, the mandatory provisions of Part I, including section 18. Second, what the parties agreed. Third, what the tribunal considers appropriate. Freedom at each level is limited by the level above. A procedure that denies one side a fair chance fails, however flexible the tribunal wants to be.

Key rules to remember

Equal treatment (section 18)
Equality of parties + full opportunity to present case
Both limbs apply to each party. It is a mandatory duty of the tribunal.
Non-application of civil procedure and evidence law (section 19(1))
Tribunal is not bound by the CPC, 1908 or the Indian Evidence Act, 1872
This means not strictly bound. It does not mean the tribunal may ignore fairness.
Party autonomy (section 19(2))
Parties free to agree procedure, subject to Part I
Agreement cannot override mandatory provisions such as section 18.
Tribunal discretion (section 19(3))
No agreement → tribunal conducts proceedings as it considers appropriate, subject to Part I
Discretion arises only when parties have not agreed.
Evidence power (section 19(4))
Power under 19(3) includes admissibility, relevance, materiality and weight of evidence
The tribunal decides all four aspects of evidence.

How to solve Equal Treatment and Conduct of Arbitral Proceedings questions

Use this order for any case question on procedure or fairness in arbitration.

  1. 1Identify the procedural step in dispute, for example a refusal to hear a witness, a rejected document or a fixed timetable.
  2. 2Check whether the parties agreed a procedure, in the agreement or later. If so, section 19(2) applies.
  3. 3If there is no agreement, apply section 19(3): the tribunal may conduct proceedings as it considers appropriate, subject to Part I.
  4. 4If evidence is the issue, apply section 19(4): admissibility, relevance, materiality and weight are for the tribunal.
  5. 5Test the step against section 18: were the parties treated equally and did each get a full opportunity to present the case?
  6. 6Note that the CPC and the Indian Evidence Act do not bind the tribunal under section 19(1), so a mere departure from them is not a defect.
  7. 7Conclude clearly: the step is valid, or it breaches section 18 or an agreed procedure, and say what the tribunal should do.

Quickest way: Agreement, discretion, fairness

When to use it: Use for short answers or when you have little time on a case question.

  1. Write: parties' agreement first (section 19(2)).
  2. Write: otherwise the tribunal decides (section 19(3)), including evidence (section 19(4)).
  3. Write: CPC and Evidence Act do not bind (section 19(1)).
  4. Write: all of it subject to section 18, equality and full opportunity.
  5. Apply to the facts in two lines and give the conclusion.

Common mistakes in Equal Treatment and Conduct of Arbitral Proceedings

  • Saying the tribunal must follow the CPC and the Evidence Act.

    Students assume any adjudicating body follows court procedure.

    Fix: Quote section 19(1): the tribunal is not bound by either law.

  • Treating tribunal discretion as unlimited.

    Students stop reading at 'manner it considers appropriate'.

    Fix: Add 'subject to Part I' and bring in section 18 every time.

  • Letting the tribunal override the parties' agreed procedure.

    Students mix up section 19(2) and 19(3).

    Fix: The tribunal's discretion under section 19(3) arises only when there is no agreement.

  • Reading 'equal treatment' as identical treatment in every detail.

    The word equality is taken too literally.

    Fix: Equality means a fair and balanced chance for each side, including a full opportunity to present the case.

  • Forgetting that evidence weight and relevance are for the tribunal.

    Students remember only admissibility.

    Fix: Recall all four words in section 19(4): admissibility, relevance, materiality and weight.

Worked examples

Example 1

Sunrise Textiles Ltd, Surat and Kaveri Exports Pvt Ltd, Chennai are in arbitration. Their agreement is silent on procedure. The tribunal refuses to apply the strict rules of the Indian Evidence Act, 1872 and admits an email printout from Kaveri. Sunrise objects that the Evidence Act is not followed. Advise.

Show the solution
  1. Issue: can the tribunal depart from the Evidence Act and admit the email?
  2. Section 19(1): the tribunal is not bound by the Indian Evidence Act, 1872.
  3. No procedure was agreed, so section 19(3) lets the tribunal conduct proceedings as it considers appropriate, subject to Part I.
  4. Section 19(4): this includes power to decide admissibility, relevance, materiality and weight of evidence.
  5. Section 18 check: Sunrise should be allowed to challenge the email and present its own evidence on it.
  6. Conclusion: the objection fails if Sunrise is given a full opportunity to respond.

Answer: The tribunal acted within sections 19(1), 19(3) and 19(4). Mere non-application of the Evidence Act is no ground of objection, provided Sunrise gets a full opportunity under section 18.

Example 2

The arbitration agreement between Meghdoot Infra Ltd and Ravi Constructions says each side will file written statements and then hold two days of oral hearing. The tribunal limits Meghdoot to one hour of oral argument but gives Ravi a full day. Meghdoot objects. Is the objection valid?

Show the solution
  1. Issue: does the tribunal's conduct breach the agreed procedure or section 18?
  2. The parties agreed a procedure, so section 19(2) governs and the tribunal's own discretion under section 19(3) does not arise.
  3. Section 18 requires equality of parties and a full opportunity for each to present its case.
  4. Giving one side one hour and the other a full day is unequal on its face.
  5. The tribunal departed from the agreed two days of hearing without consent.

Answer: The objection is valid. The tribunal breached section 18 by treating the parties unequally and denying Meghdoot a full opportunity, and it also overrode the procedure agreed under section 19(2).

Exam tips

  • Cite sections 18 and 19 together in any procedure answer. Examiners look for both.
  • Use the sequence: agreement, tribunal discretion, subject to Part I and section 18.
  • In case questions, state the provision, apply it to the facts and then give a firm conclusion.
  • Quote key phrases from the Act, such as 'full opportunity to present his case' and 'admissibility, relevance, materiality and weight'.
  • Link this topic to hearings and fast track procedure when facts mention written proceedings.

Practice questions from Arbitral Proceedings, Pleadings and Evidence

Equal Treatment and Conduct of Arbitral Proceedings: frequently asked questions

What does section 18 of the Arbitration and Conciliation Act, 1996 say?

It says the parties shall be treated with equality and each party shall be given a full opportunity to present his case. It binds the tribunal throughout the proceedings.

Is an arbitral tribunal bound by the Code of Civil Procedure?

No. Section 19(1) says the tribunal is not bound by the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872. It must still follow Part I, including section 18.

Who decides the procedure in arbitration?

The parties are free to agree the procedure under section 19(2). If they do not agree, the tribunal may conduct the proceedings as it considers appropriate under section 19(3).

Can the tribunal decide what evidence is admissible?

Yes. Section 19(4) says its power includes determining the admissibility, relevance, materiality and weight of any evidence. This applies where the parties have not agreed the procedure.