A&C Act · V — Conduct of arbitral proceedings

Section 19. Determination of rules of procedure

In force · As amended up to 2026-08

19. Determination of rules of procedure.— (1) The arbitral tribunal shall not be bound by the Code of Civil Procedure, 1908 (5 of 1908) or the Indian Evidence Act, 1872 (1 of 1872). (2) Subject to this Part, the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting its proceedings. (3) Failing any agreement referred to in sub-section (2), the arbitral tribunal may, subject to this Part, conduct the proceedings in the manner it considers appropriate. (4) The power of the arbitral tribunal under sub-section (3) includes the power to determine the admissibility, relevance, materiality and weight of any evidence. 19. The arbitrator or a close family member of the arbitrator has a close relationship with a third party who may be liable to recourse on the part of the unsuccessful party in the dispute. Previous services for one of the parties or other involvement in the case 19. The arbitrator or a close family member of the arbitrator has a close relationship with a third party who may be liable to recourse on the part of the unsuccessful party in the dispute. Explanation 1. — The term "close family member" refers to a spouse, sibling, child, parent or life partner. Explanation 2. — The term "affiliate" encompasses all companies in one group of companies including the parent company. Explanation 3. — For the removal of doubts, it is clarified that it may be the practice in certain specific kinds of arbitration, such as maritime or commodities arbitration, to draw arbitrators from a small, specialised pool. If in such fields it is the custom and practice for parties frequently to appoint the same arbitrator in different cases, this is a relevant fact to be taken into account while applying the rules set out above.] [ THE EIGHTH SCHEDULE .] Omitted by the Arbitration and Conciliation (Amendment) Act , 2021 (3 of 2021), s. 4 ( w.e.f . 4-11-2020). APPENDIX EXTRACTS FROM THE ARBITRATION AND CONCILIATION (AMENDMENT) ACT, 2015 (3 OF 2016) * * * * *

Source: India Code