Section 19 of ACA : Section 19: Determination Of Rules Of Procedure

Explanation using Example

Imagine a scenario where two businesses, 'A' and 'B', are in a dispute over the delivery of goods. They have an arbitration clause in their contract and have decided to resolve their dispute through arbitration rather than going to court.

According to Section 19(1) of The Arbitration and Conciliation Act, 1996, the appointed arbitral tribunal in this case is not required to follow the procedures laid out in the Code of Civil Procedure or the Indian Evidence Act. This means that the tribunal can conduct the arbitration in a more flexible and time-efficient manner.

Under Section 19(2), 'A' and 'B' are permitted to agree on specific procedures that the arbitral tribunal should follow during the arbitration process. For example, they can agree on a schedule for the exchange of information or a method for presenting evidence.

If 'A' and 'B' cannot agree on the procedures, as per Section 19(3), the arbitral tribunal has the discretion to decide how the arbitration will proceed, ensuring that the process continues smoothly without unnecessary delays.

Finally, Section 19(4) empowers the arbitral tribunal to make decisions regarding the admissibility and importance of any evidence presented by 'A' or 'B', allowing the tribunal to focus on the most relevant information to resolve the dispute effectively.