Production Of Evidence At A Belated Stage In Arbitral Proceedings

Introduction

Arbitration in India is governed by the Arbitration & Conciliation Act, 1996 (the "Act"). In any arbitral proceeding, the parties are free to appoint arbitrator(s) of their own choice. However, the arbitrators so appointed cannot act as agents of parties as this would give rise to justifiable doubts as to their independence or impartiality. The arbitrators so appointed have to adopt a judicial approach in deciding the dispute between the parties. In Soceite Aninmina Lucchesse Oil Vs. Gorakhram Gokalchand¹, the Madras High Court has held that the Arbitrators are bound to come together and act judicially, conforming to principles of natural justice. They must not merely act judicially, but should not consider themselves as the agents or advocates of the party who appoints them. Once nominated, they ought to perform their duty of deciding impartially between parties.²