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Section 19: Determination of rules of procedure

Arbitration and Conciliation Act, 1996 • Official Statutory Text & Practice Guide

Statutory Regulation
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Competent Court / Tribunal
Act 1996
Section 18 All 87 Sections Schedules (4th, 5th, 7th) Section 20
Statutory Defined Terms in this Section: (Click any term for official legal definition)
Arbitration Sec 2(1)(a) Arbitral Tribunal Sec 2(1)(d)

Legal Commentary & Landmark Judgments: Section 19

Section 19 of the Arbitration and Conciliation Act, 1996 grants procedural autonomy to the arbitral tribunal and parties, explicitly declaring that the tribunal is not bound by the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872 / BSA, 2023.

  • Exclusion of CPC and Evidence Act: Section 19(1): The arbitral tribunal shall not be bound by the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872.
  • Party Agreement on Procedure: Section 19(2): The parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting its proceedings.
  • Tribunal's Power to Conduct Proceedings: Section 19(3): Failing agreement, the tribunal may conduct proceedings in such manner as it considers appropriate.
  • Power to Determine Admissibility & Weight: Section 19(4): Includes power to determine the admissibility, relevance, materiality, and weight of any evidence.
  • Fundamental Principles Preserved: While technical rules of evidence do not apply, foundational principles of natural justice and fair play must be respected.
Key Landmark Precedents:
  • Mahanagar Telephone Nigam Ltd. v. Applied Electronics Ltd., (2017) 2 SCC 37: The Supreme Court affirmed that while Section 19 frees arbitral tribunals from technical procedural codes, fundamental principles of evidence (such as proof of claims and burden of proof) remain applicable.
  • Associate Builders v. Delhi Development Authority, (2015) 3 SCC 49: Held that an arbitral tribunal cannot arrive at findings based on pure conjecture or no evidence; Section 19 does not sanction arbitrary factual determinations.
Courtroom Practice & Strategic Litigation Guidance:

In arbitral proceedings, draft concise procedural directions under Section 19(2) agreeing on digital document exchange, admission-denial schedules, and evidence by affidavit, eliminating cumbersome CPC formalities while preserving cross-examination.

Section 18 All 87 Sections Schedules (4th, 5th, 7th) Section 20