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The Arbitration and Conciliation Act, 1996: page 19

The Arbitration and Conciliation Act, 1996, India Code delivered snapshot 6fb32e5ffe258174, physical page 19. Unreviewed extraction.

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               (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.
    (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 disadvantages, 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.
   (6) In this section the expression “Processes” includes summonses and commissions for the
examination of witnesses and summonses to produce documents.
                                                         CHAPTER VI
                              Making of arbitral award and termination of proceedings
    28. Rules applicable to substance of dispute.—(1) Where the place of arbitration is situate in
India,—
          (a) in an arbitration other than an international commercial arbitration, the arbitral tribunal shall
     decide the dispute submitted to arbitration in accordance with the substantive law for the time being
     in force in India;                                                       e
          (b) in international commercial arbitration,—
                                                                             od
                                                                      aC
              (i) the arbitral tribunal shall decide the dispute in accordance with the rules of law designated
          by the parties as applicable to the substance of the dispute;
                                                               di
              (ii) any designation by the parties of the law or legal system of a given country shall be
          construed, unless otherwise expressed, as directly referring to the substantive law of that country
          and not to its conflict of laws rules;
                                                          In
              (iii) failing any designation of the law under clause (a) by the parties, the arbitral tribunal
          shall apply the rules of law it considers to be appropriate given all the circumstances surrounding
          the dispute.
   (2) The arbitral tribunal shall decide ex aequo et bono or as amiable compositeur only if the parties
have expressly authorised it to do so.
     1
     [(3) While deciding and making an award, the arbitral tribunal shall, in all cases, take into account
the terms of the contract and trade usages applicable to the transaction.]
    29.Decision making by panel of arbitrators.—(1) Unless otherwise agreed by the parties, in arbitral
proceedings with more than one arbitrator, any decision of the arbitral tribunal shall be made by a
majority of all its members.
    (2) Notwithstanding sub-section (1), if authorised by the parties or all the members of the arbitral
tribunal, questions of procedure may be decided by the presiding arbitrator.
     2
     [29A. Time limit for arbitral award.— 3 [(1) The award in matters other than international
commercial arbitration shall be made by the arbitral tribunal within a period of twelve months from the
date of completion of pleadings under sub-section (4) of section 23:
    Provided that the award in the matter of international commercial arbitration may be made as
expeditiously as possible and endeavor may be made to dispose of the matter within a period of twelve
months from the date of completion of pleadings under sub-section (4) of section 23.]
    (2) If the award is made within a period of six months from the date the arbitral tribunal enters upon
the reference, the arbitral tribunal shall be entitled to receive such amount of additional fees as the parties
may agree.


1. Subs. by Act 3 of 2016, s. 14, for sub-section (3) (w.e.f. 23-10-2015).
2. Ins. by s. 15, ibid. (w.e.f. 23-10-2015).
3. Subs. by Act 33 of 2019, s. 6, for sub-section (1) (w.e.f. 30-8-2019).
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