Section 27 Arbitration Act: Court assistance in taking evidence

Section 27 of Arbitration and Conciliation Act, 1996: Court assistance in taking evidence

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) The arbitral tribunal, or a party with the approval of the arbitral tribunal, may apply to the Court for assistance in taking evidence.

(2) The application shall specify—

(a) the names and addresses of the parties and the arbitrators;

(b) the general nature of the claim and the relief sought;

(c) the evidence to be obtained, in particular,—

(i) the name and address of any person to be heard as witness or expert witness and a statement of the subject-matter of the testimony required;

(ii) the description of any document to be produced or property to be inspected.

(3) The Court may, within its competence and according to its rules on taking evidence, execute the request by ordering that the evidence be provided directly to the arbitral tribunal or by designating a person to take the evidence.

(4) The Court may, while making an order under sub-section (3), issue the same processes to witnesses as it may issue in suits tried before it.

(5) Persons failing to attend in accordance with such process, or making any other default, or refusing to give their evidence, or guilty of any contempt to the arbitral tribunal during the conduct of arbitral proceedings, shall be subject to the like penalties and punishments by order of the Court on the representation of the arbitral tribunal as they would incur for the like offences in suits tried before the Court.

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 27

Section 27 enables arbitral tribunals and parties with tribunal approval to seek court assistance in taking evidence, securing witness attendance, and producing documents.

Arbitration Framework & Scope: Under Section 27, the arbitral tribunal, or a party with the approval of the tribunal, may apply to the court for assistance in taking evidence.
Process Issuance & Attendance: The court may issue summons for witness testimony, order the production of documents, or appoint a commissioner to record evidence.

Section 27(5) provides that any person failing to attend, refusing to give evidence, or committing contempt of the arbitral tribunal shall be subject to the same penalties and punishments by the court as in regular civil trials.

Key Landmark Precedents:

Delta Distilleries Ltd. v. Shaw Wallace & Co. Ltd. (2014) 7 SCC 663: The Supreme Court held that Section 27 assistance can be sought not only against third parties but also against parties to the arbitration who refuse to comply with tribunal directions to produce documents.

Legal Commentary:

Section 27 bridges the gap between private arbitral authority and state coercive power. Since private arbitrators lack statutory powers to compel third-party attendance or issue warrants, Section 27 provides vital judicial machinery to secure necessary evidence.

Section 27: Court assistance in taking evidence

Section 27 of Arbitration and Conciliation Act, 1996: Court assistance in taking evidence

Legal Commentary & Landmark Judgments: Section 27