The arbitration tribunal must hold at the appropriate stage witness action and oral arguments on the request of any party, unless otherwise agreed between the parties. Otherwise the arbitration tribunal at its discretion can either conduct the proceedings on the basis of documents and other materials or hold witness action and oral arguments.
The arbitral tribunal shall give sufficient notice of hearing date to the parties and of any of its meeting for inspection of any property, goods or documents, which are the subject matter of arbitration.
Any party shall file any application, statement, document or other information before the arbitral tribunal with copy to the other side.
Unless otherwise agreed between the parties, if the claimant fails to file his Statement of Claim within the time agreed upon by the parties or as determined by the arbitral tribunal, the arbitral tribunal shall terminate the proceedings.
However, unless agreed otherwise between the parties, if the respondent fails to file his Defence Statement within such time agreed between parties or as fixed by the arbitral tribunal, it shall continue the arbitration proceeding uninterrupted without treating the said default of the respondent in itself as an admission of the Statement of Claim or any part of the same.
Further, in the absence of any agreement to the contrary, when a party fails to appear at an oral hearing or fails to produce documentary evidence, the arbitral tribunal may continue with the proceedings and deliver the award on the evidence before it.
Unless otherwise agreed between the parties, the arbitral tribunal can appoint one or more experts to report on specific issues and direct the concerned party to provide such expert with access to property or goods in question for inspection or furnish information or documents sought for.
Similarly the arbitral tribunal shall make available to the parties copy of any expert report or evidentiary document on which it may rely.
Unless otherwise agreed by the parties, the arbitral tribunal shall on its own or at the instance of any party make the expert available after his report for cross examination by the parties and also present their expert witness to depose on the points at issue.
The arbitral tribunal can take the assistance of courts to enforce the attendance of witnesses, if necessary.
The arbitral tribunal or any party with the approval of the arbitral tribunal can apply to the court for assistance in witness action with particulars of witness and subject matter of witness action giving the description of any document or materials to be produced by the witness. On such application being moved, the court may order that the witness directly to the arbitral tribunal provide evidence and issue summons for examination of witness and production of documents and materials by the said witness before the arbitral tribunal on specified date and time.
In the event of non-compliance or default, the concerned witness will become liable to imprisonment and penalty in accordance with law.
