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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 theĀ Arbitration and Conciliation Act, 1996 , the Courtā€™s role in assisting with the taking of evidence isĀ triggered only upon the request of the arbitral tribunal .

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

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