"An arbitrator is not bound by the strict rules of evidence of court of law". Comment and state the methods of arbitration in the light of this statement.
CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2021
"An arbitrator is not bound by the strict rules of evidence of court of law". Comment and state the methods of arbitration in the light of this statement.
Answer & Explanation:
The parties to the dispute will enter into an agreement to refer the dispute to arbitration and will agree on the terms of reference, that is, to state clearly and precisely the matter the arbitrator is required to decide. While deciding the matters, he follows the practice of presentation and conduct of a case in a court of law. Most of the evidence is in writing, party may be cross-examined on the written evidence of both the parties, and then the arbitrator makes his award in writing within the terms of reference. It is for the arbitral tribunal to lay down its own procedure during the arbitration proceedings. The power of the arbitral tribunal includes the power to determine the admissibility, relevance and significance of any evidence before it. So an arbitrator is not bound by the strict rules of evidence of courts of law. It is for the arbitral Tribunal to lay down its own procedure during the arbitration proceedings. The law should however, be fair and reasonable. The tribunal may decide to ask the parties to adduce evidence by way of affidavits. In that case, it would be fair and just to allow cross-examination of the witness whose affidavit has been filed. Apart from Arbitration, conciliation and mediation etc. are other methods for Alternate Dispute Resolution.
Topics: Arbitration and Conciliation Act
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