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Conduct of Arbitral Proceedings

Chapter 5 of the Arbitration and Conciliation Act, 1996 deals with the conduct of arbitral proceedings.

Audi Alteram Partem means to hear both sides. Similarly according to Section 18 of the act, it is necessary for the arbitrator to treat both the parties equally and give them both the chance to present their side of the case. With respect to Section 19, the parties are bound to follow the procedure prescribed under the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872. According to Section 20, the parties may agree upon any place for the proceedings to take place. In case the parties fail to decide a place, the arbitral tribunal or the sole arbiter, has the responsibility to find an appropriate place. It is also necessary for the parties to agree upon a date to hold the arbitral proceeding according to Section 21. Section 22 states that, the parties may agree upon any language which is suitable to them. In case they fail to do so, the arbitral tribunal may determine the language to be used in the arbitral proceedings. The tribunal may also order that any required documentary evidence is translated into the language agreed by the parties. Section 23 of the act demonstrates that inside the timeframe concurred, the claimant will express the realities supporting his case and furthermore the reliefs looked for. The demonstration likewise accommodates the correction of proclaimation of cases during the arbitral procedure under Section 23 (3). Moreover, the laws also enables the arbitral tribunal to deny revisions on the grounds of delay. Section 24 of the act identifies the way in the arbitral proceedings are to be conducted. It envisages the law regarding the hearings and accommodation of composed procedures before the council. Under this section, the demonstration engages the council to choose whether the procedure will be directed orally or based on reports and different materials on record. The act under Section 25 enables the arbitrator to end the arbitral proceedings where the claimant, with no adequate reasons, neglects to communicate his statement of claims within a particular time period. In any case, if the respondent neglects to present his statement of defence within the specified time period, the arbitrator will ahead with the proceedings without treating such a disappointment in itself a confirmation of the claimant’s claims.

  • Introduction
  • Sections
  • Conduct of arbitral proceedings

BY : Akshaya K

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