Adducing Evidence Before The Arbitral Tribunal - Analysis Of The Procedural Requirements

"Witnesses are the eyes and ears of justice". ~ Bentham

Introduction

Under Commercial matters, considering the heavy reliance upon documents for establishing its case, it becomes incumbent for the parties to prove the veracity of such documents. The stage at which the parties need to prove such documents and facts are followed immediately after completion of the pleadings i.e., with the filing of the evidence by way of affidavit. Though, neither the Civil Procedure Code, 1908 ("CPC") nor the Indian Evidence Act, 1872 ("Evidence Act") are per se applicable to arbitration, the arbitral proceedings are largely pari materia to the civil trial conducted under the CPC and as a rule of general practice, principles laid down in the CPC, as well as Evidence Act, are followed in arbitration and the provisions of CPC can be applied if they are not inconsistent with the provisions of Arbitration and Conciliation Act, 1996 ("Arbitration and Conciliation Act").¹ Hence,