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Section 27, Arbitration & Conciliation Act 1996: Court Assistance In Taking Evidence

Section 27 (Court assistance in taking evidence) is under Chapter V (Conduct of arbitral proceedings) of the Part I (Arbitration) of the Arbitration and Conciliation Act, 1996.

The contents of the section  is reproduced hereunder:—

“(1) The arbitral tribunal, or a party with the approval of the arbitral tribunal, may apply to the Court for assistance in taking evidence.

(2) The application shall specify—
 (a) the names and addresses of the parties and the arbitrators;
 (b) the general nature of the claim and the relief sought;
 (c) the evidence to be obtained, in particular,—
   (i) the name and address of any person to be heard as witness or expert witness and a statement of the subject-matter of the testimony required;
   (ii) the description of any document to be produced or property to be inspected.

(3) The Court may, within its competence and according to its rules on taking evidence, execute the request by ordering that the evidence be provided directly to the arbitral tribunal.

(4) The Court may, while making an order under sub-section (3), issue the same processes to witnesses as it may issue in suits tried before it.

(5) Persons failing to attend in accordance with such process, or making any other default, or refusing to give their evidence, or guilty of any contempt to the arbitral tribunal during the conduct of arbitral proceedings, shall be subject to the like disadvantages, penalties and punishments by order of the Court on the representation of the arbitral tribunal as they would incur for the like offences in suits tried before the Court.

(6) In this section the expression “Processes” includes summonses and commissions for the examination of witnesses and summonses to produce documents.”





This page was last updated on 31st December, 2017.

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