I. INTRODUCTION
The Arbitral Tribunal is intended to function with minimal hinderance from courts to carry out smoother arbitral pleadings in India. The tribunal primarily derives its authority from the terms governing the arbitration agreement and its proceedings are governed by the Arbitration and Conciliation Act 1996 (“A&C Act”).
Section 19(1) of the A&C Act specifically excludes the applicability of the Code of Civil Procedure 1908 (“CPC”) and the Bharati Sakshya Adhiniyam 2023 to arbitral proceedings.
The arbitral tribunal is statutorily disabled from compelling a person who is not a party to the arbitration to produce documents or appear as a witness. The issue assumes particular significance when considering the remedies and procedural avenues available to an arbitral tribunal seeking the production of documents or evidence from a non-party. Section 27 of the A&C Act specifically bars the arbitral tribunal from independently compelling such production and mandates
