Section 19 Arbitration Act 1996 provides that the arbitral tribunal shall NOT be BOUND BY:
Answer & Solution
Correct answer: B.
1. Section 19 Arbitration and Conciliation Act 1996:
2. (1) The arbitral tribunal SHALL NOT BE BOUND BY the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872.
3. (2) Subject to this Part, the PARTIES are FREE to AGREE on the procedure to be followed by the arbitral tribunal in conducting its proceedings.
4. (3) Failing any agreement, the arbitral tribunal MAY CONDUCT the proceedings in the manner it considers APPROPRIATE, including determining the admissibility, relevance, materiality and weight of any evidence.
5. (4) The arbitral tribunal shall conform to the principles of NATURAL JUSTICE and rules of fair play.
6. This procedural flexibility is a key feature of arbitration distinct from court litigation.
7. Hence option B is correct.
_Source: Arbitration and Conciliation Act 1996 (Bare Act) + Mediation Act 2023 — Arbitration and Conciliation Act 1996, Section 19_
Related questions
In SBP & Co. v. PATEL ENGINEERING LTD (2005) 8 SCC 618, the Supreme Court held that the JUSection 28 Arbitration Act 1996 specifies APPLICABLE LAW:Section 39 Arbitration Act 1996 grants the arbitral tribunal LIEN on the:INTERIM AWARD under Arbitration Act 1996:Section 38 Arbitration Act 1996 (DEPOSITS) requires parties to:DOMESTIC ARBITRATION versus INTERNATIONAL COMMERCIAL ARBITRATION:Section 21 Arbitration Act 1996 defines COMMENCEMENT OF ARBITRATION as:Section 43 Arbitration Act 1996 (LIMITATION) provides that the period of LIMITATION ACT 19