SYNOPSIS ON SECTION 19 OF ARBITRATION AND CONCILIATION

ACT. 1960
Section 19 of the Arbitration and Conciliation Act, 1960 deals with the Conduct the
proceeding or we can say determination of rules of arbitration proceeding. It is further
divided into 4 clauses as mentioned below: -
Clause (1) deals with that arbitral tribunal shall not bound by the law, here law means CPC
(Civil Procedure Code) or Indian Evidence Act.
Clause (2) stated that parties to the arbitral disputes are free to agree on the procedure
prescribed by the arbitral tribunal while conducting their procedure.
Clause (3) clearly stated that if the parties to the dispute are failed to obligate any agreement,
then arbitral tribunal can conduct the arbitral proceeding in the manner it considers
appropriate.
Clause (4) states that the arbitral tribunal have power to determine the admissibility,
relevance, materiality and weight of any evidence presented by both the parties to the dispute.
Arbitral Proceeding Governed under Civil Procedure Code or not and Indian Evidence
Act?
In Sahyadri Earthmoves v. L and T Finance Limited and Anr – The High Court of Bombay
held that the applicability of CPC and Indian Evidence Act are