Conduct of Arbitral Proceeding: Section 19 of Arbitration and Conciliation Act
📘 Section 19: Statement of Claim and Defence
🔹 Text of Section 19
(1) Within the time agreed upon by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting its claim, the points at issue and the relief or remedy sought, and shall produce all relevant documents and evidence on which it relies.
(2) Within the time agreed upon by the parties or determined by the arbitral tribunal, the respondent shall state its defence in respect of the points at issue, and shall produce all relevant documents and evidence on which it relies.
(3) The arbitral tribunal may require any party to produce further documents or evidence and may require the parties to produce their respective documents and evidence within a specified period of time.
(4) Unless otherwise agreed by the parties, the arbitral tribunal shall have the power to determine the admissibility, relevance, materiality and weight of the evidence.
🔹 Explanation
Section 19 governs the initial pleadings and evidence submission stage of arbitration proceedings.
🔹 Key Elements
Statement of Claim (Subsection 1)
The claimant must clearly state:
The facts supporting the claim.
The issues to be decided.
The relief or remedy sought.
The claimant must also produce all relevant documents and evidence supporting the claim.
This must be done within a timeframe set by agreement or the tribunal.
Statement of Defence (Subsection 2)
The respondent replies within the agreed or tribunal-determined time.
The defence must address the points at issue.
The respondent produces relevant documents and evidence supporting its defence.
Further Documents and Evidence (Subsection 3)
The tribunal can ask either party to submit additional documents or evidence.
The tribunal can set deadlines for such submissions.
Power to Decide on Evidence (Subsection 4)
The tribunal has the authority to decide:
Which evidence is admissible.
The relevance and materiality of evidence.
The weight to be given to each piece of evidence.
This gives flexibility and ensures the tribunal controls the evidentiary process.
🔹 Significance
Structured Pleadings: Ensures parties clearly present their case with supporting facts and evidence early in the proceedings.
Time-bound Process: Helps prevent delays by setting timeframes.
Tribunal’s Control: Gives the tribunal broad discretion over evidence, avoiding rigid formalities of court procedures.
Fair Opportunity: Both parties get an equal opportunity to present their case.
🔹 Relation to Other Sections
Section 21: Deals with overall conduct of proceedings (procedural autonomy).
Section 22: Tribunal can appoint experts to assist.
Section 23: Hearings and written proceedings.
Section 24: Default of a party (tribunal can continue if one party fails to participate).
🔹 Practical Scenario
Claimant files a detailed statement of claim with documents and evidence.
Respondent files defence, countering allegations and providing evidence.
Tribunal may request additional documents or clarifications.
Tribunal assesses admissibility and relevance to decide the case fairly.
🔹 Case Law Illustration
While Section 19 itself is procedural, courts have upheld the tribunal’s discretion to manage pleadings and evidence:
Ssangyong Engineering & Construction Co. Ltd. v. National Highways Authority of India [(2019) 9 SCC 431]
The Supreme Court emphasized the tribunal’s power to regulate proceedings and evidence to ensure fair and efficient resolution.
✅ Summary Table
| Aspect | Description |
|---|---|
| Statement of Claim | Facts, issues, relief, evidence by claimant |
| Statement of Defence | Response and evidence by respondent |
| Additional Evidence | Tribunal can require more documents/evidence |
| Tribunal’s Power | Decide admissibility, relevance, materiality, weight |
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