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3 - Procedural Rules, Justice and Fairness in Arbitration

Published online by Cambridge University Press:  16 December 2025

Jaya Vasudevan Suseela
Affiliation:
Heidelberg University, Max Planck Institute for Comparative and International Private Law, Germany
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Summary

Arbitration as an ADR mechanism has gained wide acceptance among the business community since the 1990s. In a world of increasing trade and commerce, it has become a sophisticated dispute settlement mechanism for deciding domestic and international disputes. One of the objectives of arbitration law is to provide for a procedure which is fair, efficient and capable of meeting the specific needs of arbitration. In India, the law governing arbitration is the Arbitration and Conciliation Act, 1996. As is the case with any current-day arbitration statute, this Act, while recognising the concept of ‘party autonomy’, does prescribe the procedure for the conduct of arbitral proceedings in some form or other. The parties are given the freedom to agree on the procedure to be followed by the arbitral tribunal, on the language to be used and on the time for filing the statements of claim and defence. The principles of natural justice have been made equally applicable to proceedings before the arbitral tribunal. These include the right to hearing, written proceedings before the arbitral tribunal and seeking assistance of the courts in taking evidence. The earlier Indian Arbitration Act of 1940 did not contain any specific provision relating to the applicability of the CPC, or the Indian Evidence Act, 1872, but the 1996 Act specifically excludes their applicability while setting out the basic principles that govern arbitral procedure. The arbitrators, as impartial judges, have to follow the equality rule in every phase of the arbitral proceedings.

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