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SESSION 16

Applicability of evidence and CPC to India seated arbitration; procedural issues in International Arbitration

Speaker, Sharan Jagtiani commenced the session by recalling the historical and legislative rationale for exempting Arbitration from the stringent rules of evidence and the CPC. He emphasized the distinction between procedural and substantive legislation to the audience.

The speaker thereafter looked over the relevant sections of the 1940 Arbitration Act. He cited Sahyadri Earthmovers L and T Limited & Ors. to point out that in this case, the guidelines for the conduct of the arbitrators had been aptly expounded. Then he went into greater depth about Section 24(1), 25, 27 of the Arbitration and Conciliation Act of 1996, referring to Montana Developers (P) Limited vs Aditya Developers.

He went on discussing certain fundamental principles of evidence under Indian law in depth. He further mentioned the differences between procedures for resolution of disputes under the CPC along with evidence vis-a-vis the Act. The session concluded with a discussion on rules of evidence and procedure in International Arbitration.

resource person

Sharan Jagtiani

Senior Advocate, Bombay High Court