Arbitration and Conciliation Act Section 24 — Hearings and written proceedings
CHAPTER V — Conduct of arbitral proceedings
Civil
Summary
Sub-section (1) sets the general rule that, unless the parties have agreed otherwise, the arbitral tribunal decides whether to hold oral hearings for presenting evidence or arguments, or whether to conduct the proceedings entirely on the basis of documents and other materials. However, if a party requests oral hearings at an appropriate stage, the tribunal must hold them, unless the parties have already agreed that no oral hearing will take place. Additionally, the tribunal should, as far as possible, hold oral hearings on a day-to-day basis and should not grant adjournments unless there is sufficient cause; if a party seeks an adjournment without sufficient cause, the tribunal may impose costs, including exemplary costs, on that party.
Sub-section (2) requires that the parties be given sufficient advance notice of any hearing and of any meeting of the arbitral tribunal held for the purpose of inspecting documents, goods, or other property.
Sub-section (3) requires that all statements, documents, or other information supplied to the arbitral tribunal by one party, as well as any applications made by one party, be communicated to the other party. It also requires that any expert report or evidentiary document on which the tribunal may rely in making its decision be communicated to both parties.
Official Text
(1) Unless otherwise agreed by the parties, the arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral argument, or whether the proceedings shall be conducted on the basis of documents and other materials:
Provided that the arbitral tribunal shall hold oral hearings, at an appropriate stage of the proceedings, on a request by a party, unless the parties have agreed that no oral hearing shall be held: 2[Provided further that the arbitral tribunal shall, as far as possible, hold oral hearings for the presentation of evidence or for oral argument on day-to-day basis, and not grant any adjournments unless sufficient cause is made out, and may impose costs including exemplary costs on the party seeking adjournment without any sufficient cause.]
(2) The parties shall be given sufficient advance notice of any hearing and of any meeting of the arbitral tribunal for the purposes of inspection of documents, goods or other property.
(3) All statements, documents or other information supplied to, or applications made to the arbitral tribunal by one party shall be communicated to the other party, and any expert report or evidentiary document on which the arbitral tribunal may rely in making its decision shall be communicated to the parties.