Section 27 Arbitration Act 1996 provides for COURT ASSISTANCE in taking EVIDENCE:
AARBITRAL TRIBUNAL or PARTY with tribunal's approval may apply to the COURT for assistance — court may execute the request by issuing summons, ordering production of documents, requiring witness attendance, etc., or refer the request to the High Court
Bno assistance (cf. Arbitration and Conciliation Act 1996, Section 27) (cf. Arbitration and Conciliation Act 1996, Section 27) (cf. Arbitration and Conciliation Act 1996, Section 27) (cf. Arbitration and Conciliation Act 1996, Section 27)
Ctribunal alone (cf. Arbitration and Conciliation Act 1996, Section 27) (cf. Arbitration and Conciliation Act 1996, Section 27) (cf. Arbitration and Conciliation Act 1996, Section 27) (cf. Arbitration and Conciliation Act 1996, Section 27)
Dno aid (cf. Arbitration and Conciliation Act 1996, Section 27) (cf. Arbitration and Conciliation Act 1996, Section 27) (cf. Arbitration and Conciliation Act 1996, Section 27) (cf. Arbitration and Conciliation Act 1996, Section 27)
Answer & Solution
Correct answer: A. ARBITRAL TRIBUNAL or PARTY with tribunal's approval may apply to the COURT for assistance — court may execute the request by issuing summons, ordering production of documents, requiring witness attendance, etc., or refer the request to the High Court
1. Section 27 Arbitration and Conciliation Act 1996 provides for COURT ASSISTANCE in taking evidence:
2. (1) The arbitral tribunal, or a party with the approval of the arbitral tribunal, may apply to the COURT for ASSISTANCE in taking evidence.
3. (2) The court may, within its competence and according to its rules on taking evidence, execute the request by ordering that the evidence be provided directly to the arbitral tribunal.
4. The court may issue: (a) SUMMONS to witnesses; (b) order PRODUCTION of documents; (c) issue COMMISSIONS to examine witnesses abroad.
5. The provision ensures procedural support for arbitration without compromising tribunal's autonomy.
6. Hence option B is correct.
_Source: Arbitration and Conciliation Act 1996 (Bare Act) + Mediation Act 2023 — Arbitration and Conciliation Act 1996, Section 27_
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