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

During arbitration, the Court orders a warehouse manager, Mr. Iyer, to attend and give evidence before the tribunal. He ignores the process. What follows under the Act?

Mr. Iyer faces the same disadvantages, penalties and punishments he would incur for the like default in a suit before the Court. The Court orders this on the representation of the arbitral tribunal; the tribunal cannot itself punish him.

  1. AThe tribunal may fine him directly under its own powers
  2. BNothing, as the order binds only the parties
  3. CHe is subject, by Court order on the tribunal's representation, to the like disadvantages, penalties and punishments as for the like offence in suits tried before the CourtCorrect
  4. DThe arbitration is automatically terminated

Explanation

Section 27(5) provides that persons failing to attend in accordance with the process, or refusing to give evidence, face the like penalties as in suits, by order of the Court on the tribunal's representation. The tribunal itself does not impose them.

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