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

In an arbitration between Veda Textiles Pvt Ltd and Orion Dyes Ltd, the tribunal wants a third-party supplier in Surat, who refuses to attend voluntarily, to testify. Which course is correct under the Arbitration and Conciliation Act, 1996?

The tribunal, or a party with the tribunal's approval, may apply to the Court for assistance in taking evidence. A party cannot go to Court alone without that approval, and the tribunal itself cannot punish a defaulting witness.

  1. AThe tribunal, or a party with the tribunal's approval, may apply to the Court for assistance in taking evidenceCorrect
  2. BEither party may directly apply to the Court without the tribunal's approval
  3. CThe tribunal itself may issue summons and impose imprisonment on the supplier
  4. DThe tribunal must terminate the proceedings because a non-party cannot be compelled

Explanation

Section 27(1) lets the arbitral tribunal, or a party with the tribunal's approval, apply to the Court for assistance in taking evidence. A party acting alone without approval does not qualify, so option B is wrong. The tribunal has no power to punish; the Court does.

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