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

In an arbitration between Bharat Steels Ltd and Narmada Logistics Pvt Ltd, the agreement is silent on procedure. Narmada objects that the tribunal is admitting an email without proof under the Indian Evidence Act, 1872, and insists on strict Code of Civil Procedure rules. What is the correct position under the Act?

The tribunal is bound by neither the Code of Civil Procedure nor the Indian Evidence Act. Without party agreement on procedure it may proceed as it considers appropriate, and it has the power to decide the admissibility, relevance, materiality and weight of any evidence, so Narmada's objection fails.

  1. AThe tribunal is bound by the Evidence Act but not the Code of Civil Procedure
  2. BThe tribunal is bound by both statutes unless the High Court relaxes them
  3. CThe tribunal is not bound by either statute and, failing party agreement, may conduct proceedings as it considers appropriate, including deciding admissibility and weight of evidenceCorrect
  4. DThe tribunal must follow the Code of Civil Procedure but may ignore the Evidence Act

Explanation

Section 19(1) says the tribunal is not bound by the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872. Under section 19(3) and (4), absent agreement, it may conduct proceedings as it considers appropriate, including determining admissibility, relevance, materiality and weight of evidence. The other options wrongly bind it to one or both statutes.

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