Question

The Arbitral Tribunal shall not be bound by .......... in the determination of rules of procedure.

• A. The Code of Civil Procedure, 1908
• B. The Indian Evidence Act, 1872
• C. The Code of Criminal Procedure, 1973
• D. Both (The Code of Civil Procedure, 1908) and (The Indian Evidence Act, 1872)

Hint:

The Arbitral Tribunal has the discretion to decide the rules of procedure in arbitration and is not bound by the Code of Civil Procedure or the Indian Evidence Act.

Answer 1

The Correct Option is D

Step 1: Understanding the Question.
The Arbitral Tribunal is not bound by the Code of Civil Procedure or the Indian Evidence Act when determining the rules of procedure in arbitration. The tribunal has flexibility in the procedures it follows.
Step 2: Analysis of Options.
- (A) The Code of Civil Procedure, 1908: This is incorrect, as the tribunal is not bound by this code.
- (B) The Indian Evidence Act, 1872: This is incorrect, as the tribunal is not bound by the Indian Evidence Act.
- (C) The Code of Criminal Procedure, 1973: This is incorrect, as the tribunal is not bound by this code.
- (D) Both (The Code of Civil Procedure, 1908) and (The Indian Evidence Act, 1872): This is the correct answer, as the tribunal is not bound by either of these acts.
Step 3: Conclusion.
Thus, the correct answer is (D) Both (The Code of Civil Procedure, 1908) and (The Indian Evidence Act, 1872).