Arbitration and Conciliation Act Section 27 — Court assistance in taking evidence

CHAPTER V — Conduct of arbitral proceedings

Civil

Summary

Sub-section (1) allows the arbitral tribunal itself, or a party with the tribunal's approval, to ask the Court for help in collecting evidence.

Sub-section (2) lists what the application to the Court must include. Under clause (a), it must give the names and addresses of the parties and the arbitrators. Under clause (b), it must state the general nature of the claim and the relief being sought. Under clause (c), it must describe the evidence to be obtained. Specifically, under sub-clause (i) of clause (c), it must name any person to be heard as a witness or expert witness and state the subject-matter of the testimony required. Under sub-clause (ii) of clause (c), it must describe any document to be produced or property to be inspected.

Sub-section (3) says the Court may, within its own competence and according to its own rules on taking evidence, carry out the request by ordering that the evidence be provided directly to the arbitral tribunal.

Sub-section (4) says that when the Court makes an order under sub-section (3), it may issue the same processes to witnesses as it would issue in suits tried before it.

Sub-section (5) states that persons who fail to attend in accordance with such a process, or make any other default, or refuse to give their evidence, or are guilty of any contempt to the arbitral tribunal during the conduct of arbitral proceedings, will be subject to the same disadvantages, penalties and punishments by order of the Court on the representation of the arbitral tribunal as they would incur for similar offences in suits tried before the Court.

Sub-section (6) defines the expression "Processes" for this section to include summonses and commissions for the examination of witnesses, and summonses to produce documents.

Official Text

(1) The arbitral tribunal, or a party with the approval of the arbitral tribunal, may apply to the Court for assistance in taking evidence.

(2) The application shall specify—

(a) the names and addresses of the parties and the arbitrators;

(b) the general nature of the claim and the relief sought;

(c) the evidence to be obtained, in particular,—

(i) the name and address of any person to be heard as witness or expert witness and a statement of the subject-matter of the testimony required;

(ii) the description of any document to be produced or property to be inspected.

(3) 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, while making an order under sub-section (3), issue the same processes to witnesses as it may issue in suits tried before it.

(5) Persons failing to attend in accordance with such process, or making any other default, or refusing to give their evidence, or guilty of any contempt to the arbitral tribunal during the conduct of arbitral proceedings, shall be subject to the like disadvantages, penalties and punishments by order of the Court on the representation of the arbitral tribunal as they would incur for the like offences in suits tried before the Court.

(6) In this section the expression “Processes” includes summonses and commissions for the examination of witnesses and summonses to produce documents.