How is evidence submitted in an arbitration case?
In a Civil Court if any evidence is to be submitted, a notice is to be given regarding the notice which is to be served and if the court is convinced that it is relevant for the case then it will be admitted otherwise not. But this is not the case with an arbitration case.
Is the arbitrator supposed to follow any procedure?
The arbitration cases have been exempted from following any procedure while dealing with the cases which have been referred to it. The arbitrator is not supposed to follow any of the procedures which have been described either in the Indian Evidence Act, 1872 or the Code of Civil Procedure,1908.
Are there any restrictions on oral submissions in arbitration?
Fewer respondents indicated that restricting parties to written opening and/or closing submissions, to the exclusion of oral submissions, would improve the efficiency of hearings and submissions in international construction arbitrations.
Can a disciplinary hearing be led during arbitration?
Commissioners thus favoured the view that evidence not led at the disciplinary hearing could not be led during the arbitration is the only case which says you cannot present evidence not presented at the initial disciplinary hearing.
Can a court admit evidence in a arbitration case?
An evidence can also be presented in between the arguments of an arbitration case even if the evidence stage has been crossed if it is relevant to deliver justice. As there is no obligation upon the arbitrator to follow any rule under which any evidence shall be admitted, the arbitrator can also admit an evidence in between the arguments of a case.
Why is late submission of evidence important in arbitration?
In addition, international arbitration scholars point out that in order for the due process principle and equal treatment of the parties to be respected, the arbitral tribunal while considering the late submission of evidence needs to ensure that the other party has sufficient, not necessarily mathematically equal, time to organize its defense:
The arbitration cases have been exempted from following any procedure while dealing with the cases which have been referred to it. The arbitrator is not supposed to follow any of the procedures which have been described either in the Indian Evidence Act, 1872 or the Code of Civil Procedure,1908.
Fewer respondents indicated that restricting parties to written opening and/or closing submissions, to the exclusion of oral submissions, would improve the efficiency of hearings and submissions in international construction arbitrations.