Question

Under Section 19(1)-(2), what is the relationship between arbitral proceedings and mandatory procedural codes?

Q: Answer-Under Section 19(1)-(2), what is the relationship between arbitral proceedings and mandatory procedu...

Explanation Section 191 provides The arbitral tribunal shall not be bound by the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872. Section 192 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 arbitrations 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 193 empowers the tribunal to conduct proceedings as it considers appropriate, subject to ensuring fairness and natural justice

A The arbitral tribunal must strictly follow the Code of Civil Procedure, 1908

B The arbitral tribunal must apply the Indian Evidence Act, 1872 in all cases

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

D Only Indian procedural codes apply to arbitration

E The arbitral tribunal must apply both procedural codes unless parties specifically opt out in writin

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