Question

    Under Section 19(1)-(2), what is the relationship

    between arbitral proceedings and mandatory procedural codes?
    A The arbitral tribunal must strictly follow the Code of Civil Procedure, 1908 Correct Answer Incorrect Answer
    B The arbitral tribunal must apply the Indian Evidence Act, 1872 in all cases Correct Answer Incorrect Answer
    C The arbitral tribunal is not bound by the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872; parties are free to agree on procedure, and the tribunal may conduct proceedings as it considers appropriate Correct Answer Incorrect Answer
    D Only Indian procedural codes apply to arbitration Correct Answer Incorrect Answer
    E The arbitral tribunal must apply both procedural codes unless parties specifically opt out in writin Correct Answer Incorrect Answer

    Solution

    Explanation: Section 19(1) provides: "The arbitral tribunal shall not be bound by the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872." Section 19(2) states: "Subject to this Part, the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting its proceedings." This procedural autonomy is one of arbitration's major advantages, allowing customization to suit commercial needs. Parties might adopt specific evidence standards, accelerated timelines, or document-only proceedings. If parties fail to agree, Section 19(3) empowers the tribunal to conduct proceedings as it considers appropriate, subject to ensuring fairness and natural justice

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