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

Under Section 27, the Court receives a request from a tribunal in a domestic arbitration. Which statement about the Court's powers is correct?

The Court may, within its competence and rules on taking evidence, order that evidence be provided directly to the tribunal, and may issue the same processes to witnesses as in suits. Processes include summonses, commissions for examination and summonses to produce documents.

  1. AThe Court must hear the witness itself and send only a summary to the tribunal
  2. BThe Court may execute the request within its competence and rules on taking evidence by ordering that evidence be provided directly to the tribunal, and may issue the same processes to witnesses as in suitsCorrect
  3. CThe Court may only order production of documents, not witness attendance
  4. DThe Court may decide the merits of the claim after taking evidence

Explanation

Section 27(3) allows the Court to order evidence be provided directly to the tribunal, and 27(4) lets it issue the same processes as in suits. 'Processes' under 27(6) include summonses, commissions for examining witnesses and summonses to produce documents, so option C is wrong.

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