Arbitration and Conciliation Act, 1996
Section 19 of the Arbitration Act: Determination of Rules of Procedure
Section 19 of the Arbitration and Conciliation Act, 1996 governs the procedural framework of arbitral proceedings. It gives the parties freedom to agree on procedure and, where there is no agreement, gives the arbitral tribunal broad authority to conduct proceedings in the manner it considers appropriate, subject to Part I of the Act.
Meaning and purpose of Section 19
Section 19 is designed to make arbitration procedurally flexible. It reduces dependence on formal civil-court procedure while preserving party autonomy and the mandatory safeguards contained in Part I of the Arbitration and Conciliation Act, 1996.
- Section 19(1): the tribunal is not bound by the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872.
- Section 19(2): subject to Part I, the parties may agree on the procedure to be followed.
- Section 19(3): where there is no agreed procedure, the tribunal may conduct proceedings in the manner it considers appropriate, subject to Part I.
- Section 19(4): the tribunal may determine the admissibility, relevance, materiality and weight of evidence.
Section 19 - Determination of rules of procedure
(1) The arbitral tribunal shall not be bound by the Code of Civil Procedure, 1908 (5 of 1908) or the Indian Evidence Act, 1872 (1 of 1872).
(2) Subject to this Part, the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting its proceedings.
(3) Failing any agreement referred to in sub-section (2), the arbitral tribunal may, subject to this Part, conduct the proceedings in the manner it considers appropriate.
(4) The power of the arbitral tribunal under sub-section (3) includes the power to determine the admissibility, relevance, materiality and weight of any evidence.
Party autonomy under Section 19(2)
Section 19(2) allows the parties to agree on the procedure that the arbitral tribunal will follow. This may include agreed institutional rules, procedural timetables, methods for filing pleadings, document production, witness evidence, hearings and other procedural matters, provided the agreed procedure remains subject to Part I of the Act.
This freedom is therefore not absolute. Mandatory provisions of Part I continue to apply, including Section 18 - Equal treatment of parties.
Tribunal's procedural discretion under Section 19(3)
If the parties have not agreed on a procedure, Section 19(3) authorizes the arbitral tribunal to conduct the proceedings in the manner it considers appropriate, again subject to Part I of the Act.
| Situation | Section 19 consequence |
|---|---|
| Parties agree on procedure | The agreed procedure ordinarily governs, subject to Part I of the Act. |
| No procedural agreement | The tribunal may determine an appropriate procedure, subject to Part I. |
| Evidence questions arise | The tribunal may decide admissibility, relevance, materiality and weight. |
| Formal CPC procedure invoked | The tribunal is not bound to follow the Code of Civil Procedure, 1908 merely because a similar issue would arise in court litigation. |
Power to determine admissibility, relevance, materiality and weight of evidence
Section 19(4) expressly places evidentiary evaluation within the tribunal's procedural authority. The tribunal may determine whether evidence should be admitted, whether it is relevant and material to the dispute, and the weight to be given to it.
This flexibility does not displace the requirement of procedural fairness. Evidentiary directions should still be applied consistently with Section 18 so that each party has an equal and full opportunity to present its case.
Indian Evidence Act reference and the current evidence statute
The text of Section 19(1) continues to refer to the Indian Evidence Act, 1872. The Bharatiya Sakshya Adhiniyam, 2023 is now the current general evidence statute in India. For accuracy, the statutory quotation above retains the words enacted in Section 19, while this explanatory note identifies the current evidence-law framework.
The practical point under Section 19 remains that arbitral tribunals are not required to conduct evidentiary proceedings as though they were civil courts strictly applying formal rules of evidence.