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

Sunrise Textiles Ltd (Surat) and Kaveri Dyes Pvt Ltd (Chennai) are before a sole arbitrator. The arbitrator allows Sunrise two full days to lead oral evidence but refuses Kaveri any opportunity to present its witnesses, saying it is the respondent and 'has little to add'. Which provision of the Arbitration and Conciliation Act, 1996 is most directly violated?

Section 18 is violated. It requires that parties be treated with equality and that each be given a full opportunity to present its case. Denying the respondent any chance to present witnesses while giving the claimant two days breaches this basic requirement of fairness.

  1. ASection 18, because each party must be treated with equality and given a full opportunity to present its caseCorrect
  2. BSection 6, because administrative assistance was not arranged
  3. CSection 29A, because the award time limit has been breached
  4. DSection 81, because settlement proposals were relied on as evidence

Explanation

Section 18 requires equal treatment of the parties and a full opportunity for each to present its case. Refusing the respondent any chance to lead witnesses breaches this. Sections 6, 29A and 81 deal with administrative help, time limits and conciliation evidence, none of which is in issue.

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