APPLICABILITY OF CODE OF CIVIL PROCEDURE, 1908 AND INDIAN EVIDENCE ACT, 1872 IN ARBITRAL PROCEEDINGS

AUTHOR – PRAVEEN KUMAR JAIN, ADVOCATE AT SUPREME COURT OF INDIA

BEST CITATION – PRAVEEN KUMAR JAIN, APPLICABILITY OF CODE OF CIVIL PROCEDURE, 1908 AND INDIAN EVIDENCE ACT, 1872 IN ARBITRAL PROCEEDINGS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 977-987, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

One of the main advantages of having recourse to the arbitration instead of the regular court of law is said to be its being speedier in nature. However, the above purpose seems to get frustrated due to the delay caused by the applicability of the technicalities of the procedural laws such as the Code of Civil Procedure, 1908 and the Indian Evidence Act, 1872 by the arbitral tribunal or by the counsel for the parties during the arbitral proceedings. Though, it is so provided in various Acts like Indian Evidence Act, 1872, Code of Civil Procedure, 1908, the Arbitration & Conciliation Act, 1996 that the provisions of above-stated procedural laws shall not be applicable on the arbitral proceedings and has also been clearly held by the Constitutional Courts in India repeatedly that the above-stated procedural Code and the Act shall not be applicable in whole but basic principles of them have been allowed to be invoked to deliver the justice to the litigants by the arbitrators. However, none of the judgments clearly lays down which is the Laxman Rekha for the Arbitrators or as to which of the procedural provisions are applicable and which are prohibited. This paper has been written to examine the above-stated aspects in detail.

Keywords: #adr #cpc #evidence #arbitration #procedure