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    Question

    Court can provide assistance in taking evidence to

    arbitral tribunal____.
    A In all cases. Correct Answer Incorrect Answer
    B when arbitral tribunal makes a request. Correct Answer Incorrect Answer
    C When any party with prior approval of arbitral tribunal makes an application. Correct Answer Incorrect Answer
    D No evidence taken in arbitration proceedings. Correct Answer Incorrect Answer
    E Court may directly call upon the matter before itself. Correct Answer Incorrect Answer

    Solution

    Under the Arbitration and Conciliation Act, 1996 , the Court’s role in assisting with the taking of evidence is triggered only upon the request of the arbitral tribunal .

    • Section 27(1)  of the Arbitration and Conciliation Act, 1996, states that the Court may be called upon to assist in taking evidence when the arbitral tribunal requests the Court  for such assistance.
    • The Court cannot intervene unilaterally but acts in aid of the arbitral tribunal’s directions.
    • The parties cannot independently seek Court assistance in evidence collection without the tribunal’s request.

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