Section 24: Hearings and written proceedings

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

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1996
Statutory Defined Terms in this Section: (Click any term for official legal definition)

Legal Commentary & Landmark Judgments: Section 24

Section 24 of the Arbitration and Conciliation Act, 1996 regulates oral hearings and written proceedings, empowering the tribunal to decide whether to hold oral hearings for evidence and arguments or conduct proceedings on documents alone, while mandating oral hearings if requested by a party.

  • Tribunal's Discretion on Oral vs. Document-Only: Unless otherwise agreed, tribunal shall decide whether to hold oral hearings for presentation of evidence or oral argument, or whether proceedings shall be conducted on the basis of documents.
  • Mandatory Oral Hearing upon Request: Proviso: The arbitral tribunal shall hold oral hearings at an appropriate stage of the proceedings on a request by a party, unless the parties have agreed that no oral hearing shall be held.
  • Advance Notice of Hearings: Section 24(2): Parties must be given sufficient advance notice of any hearing or meeting of the tribunal.
  • Disclosure of Documents: Section 24(3): All statements, documents, or expert reports supplied to the tribunal by one party must be communicated to the other party.
Key Landmark Precedents:
  • Associate Builders v. Delhi Development Authority, (2015) 3 SCC 49: The Supreme Court held that refusing an oral hearing when requested by a party violates Section 24 and the fundamental principles of natural justice, rendering the resulting award liable to be set aside under Section 34.
  • Ssangyong Engineering & Construction Co. Ltd. v. NHAI, (2019) 15 SCC 131: Affirmed that sharing all evidentiary documents under Section 24(3) is a non-negotiable requirement of fair trial.
Courtroom Practice & Strategic Litigation Guidance:

If your case involves disputed questions of fact, cross-examination, or technical quantification, submit a formal written request for oral hearings under Section 24(1) Proviso; the arbitrator is legally bound to grant oral hearings upon request.