Section 26: Expert appointed by arbitral tribunal

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

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1996
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Legal Commentary & Landmark Judgments: Section 26

Section 26 of the Arbitration and Conciliation Act, 1996 empowers the arbitral tribunal to appoint one or more experts to report to it on specific issues, and requires parties to provide relevant information and documents to the expert.

  • Tribunal Appointed Experts: Unless otherwise agreed by parties, the tribunal may appoint one or more experts to report on specific issues to be determined by the tribunal.
  • Duty of Parties to Cooperate: Parties must give the expert any relevant information or produce documents, goods, or other property for inspection.
  • Right to Cross-Examine Expert: Section 26(2): On request of a party or if tribunal considers it necessary, the expert shall participate in an oral hearing after delivering the report, where parties may interrogate the expert and present expert witnesses on the points at issue.
  • Delivery of Expert Report to Parties: A copy of the expert report must be communicated to all parties.
Key Landmark Precedents:
  • Associate Builders v. Delhi Development Authority, (2015) 3 SCC 49: The Supreme Court noted that while expert reports under Section 26 assist the tribunal in technical valuations, the expert is subject to cross-examination by parties; adopting an unexamined expert report breaches natural justice.
  • State of H.P. v. Mast Ram, (2004) 8 SCC 660: Discussed the evidential appreciation of expert reports in judicial and arbitral forums.
Courtroom Practice & Strategic Litigation Guidance:

Whenever an arbitral tribunal appoints an independent accounting or engineering expert under Section 26, exercise your statutory right under Section 26(2) to cross-examine the expert and produce your own party expert to rebut adverse technical findings.