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Question

Which of the following is not true about rules of procedure of an arbitral tribunal?

A Parties are free to determine. Correct Answer Incorrect Answer
B If parties fail to agree, arbitral tribunal may conduct proceedings in the manner as they think appropriate. Correct Answer Incorrect Answer
C Arbitral tribunal shall not be bound by rules of CPC and Indian Evidence Act. Correct Answer Incorrect Answer
D Arbitral tribunal shall also have the power to determine the admissibility and weight of any evidence. Correct Answer Incorrect Answer
E Arbitral tribunal may if it thinks appropriate on it’s own motion determine the rules of procedure without waiting for the parties to determine. Correct Answer Incorrect Answer

Solution

S. 19. Determination of rules of procedure.—( 1) The arbitral tribunal shall not be bound by the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872. (2) Subject to this Part, the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting its proceedings. (3) Failing any agreement referred to in sub-section (2), the arbitral tribunal may, subject to this Part, conduct the proceedings in the manner it considers appropriate. (4) The power of the arbitral tribunal under sub-section (3) includes the power to determine the admissibility, relevance, materiality and weight of any evidence.

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