Section 27 of ACA : Section 27: Court Assistance In Taking Evidence

Explanation using Example

Imagine a scenario where Company A and Company B are in an arbitration process due to a contract dispute. The arbitral tribunal needs to gather evidence that is critical for the case, which includes testimony from a key witness who is currently unwilling to participate voluntarily.

The tribunal, with the consent of both parties, decides to apply to the local Court for assistance in taking this evidence. They submit an application that includes:

• The names and addresses of Company A and Company B, and the arbitrators overseeing the dispute.
• A summary of the dispute, the nature of the claim, and the type of relief that Company A seeks from Company B.
• Specific details about the evidence required, especially:

• The name and address of the reluctant witness, and a statement detailing what testimony is needed from them.
• A list of documents that need to be produced by the witness, which are believed to be in their possession.

The Court, acknowledging the request, issues an order that compels the witness to provide the testimony directly to the arbitral tribunal. The Court uses its authority to issue a summons to the witness, applying the same procedures as if the case were a lawsuit in the Court.

If the witness still fails to comply with the summons, they could face penalties or punishments similar to those that would be imposed if they ignored a summons from the Court in a regular lawsuit.