Arbitration and Conciliation Act Section 19 — Determination of rules of procedure

CHAPTER V — Conduct of arbitral proceedings

Civil

Summary

Sub-section (1) states that the arbitral tribunal is not required to follow the Code of Civil Procedure, 1908, or the Indian Evidence Act, 1872. This means the tribunal is free from the strict procedural and evidentiary rules that apply in regular court proceedings.

Sub-section (2) says that, as long as it is consistent with this Part of the Act, the parties are free to agree on the procedure that the arbitral tribunal will follow in conducting its proceedings. This gives the parties the primary say in how the arbitration will run.

Sub-section (3) provides that if the parties have not reached such an agreement, the arbitral tribunal may, subject to this Part, conduct the proceedings in whatever manner it considers appropriate. This gives the tribunal the flexibility to decide the procedure on its own when the parties have not set one.

Sub-section (4) clarifies that the tribunal's power under sub-section (3) includes the authority to decide whether any evidence is admissible, relevant, material, and how much weight to give it. This means the tribunal can make its own judgments about the evidence presented, without being bound by the usual court rules.

Official Text

(1) The arbitral tribunal shall not be bound by the Code of Civil Procedure, 1908 (5 of 1908) or the Indian Evidence Act, 1872 (1 of 1872).

(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.

(3) Failing any agreement referred to in sub-section (2), the arbitral tribunal may, subject to this Part, conduct the proceedings in the manner it considers appropriate.

(4) The power of the arbitral tribunal under sub-section (3) includes the power to determine the admissibility, relevance, materiality and weight of any evidence.