Discretion Of Courts Under Section 27 Of The Arbitration & Conciliation Act, 1996

I. Introduction

Section 27 of the Arbitration and Conciliation Act, 1996 ("Arbitration Act") provides a mechanism whereby the arbitral tribunal or a party to the dispute (with the approval of the arbitral tribunal) can seek assistance of the court in taking evidence. Interestingly, this is one of the rare provisions of the Arbitration Act which allows for the court's interference/assistance in an arbitration proceedings governed by the provisions of Arbitration Act.

However, the extent of judicial intervention under this provision is still a matter of controversy and has been a subject of various judicial pronouncements. This piece will attempt to clear the ambiguity on this issue by analysing some of the important judgments passed by courts at different levels in this regard and give a clear and lucid account of judicial discretion under Section 27 of the Arbitration Act.