CONDUCT OF ARBITRAL PROCEEDINGS
Section 18 of the Arbitration and Conciliation Act, 1996, provides that the parties to an arbitration proceedings shall be treated with equality and each party shall be given a full opportunity to present his case.
This section contains two fundamental principles. Firstly, that the arbitral tribunal shall treat the parties with equality and, Secondly, that each party shall be given a full opportunity to present his case. The essence of this section is to ensure a fair trial by an impartial tribunal.
The provisions of this section is mandatory and must be complied with by the tribunal.
Russel in his book 'Russel on Arbitration'1 states:
"The first principle is that the arbitrator must act fairly to both parties, and in the proceedings throughout the reference he must not favour one party more than another, or do anything for one party which he does not do or offer to do for the other. He must observe in this the ordinary well-understood rules for the administration of justice."
The parties shall be treated with equality means that the tribunal shall act with impartiality to the parties and that no party shall be given an advantage over the other. This is a concept of natural justice and a breach thereof usually render an arbitral tribunal's award void. In Vengamma v. Kesanna, MANU/SC/0002/1952 : AIR 1953 SC 21, an arbitrator examined the defendant in the absence of the plaintiff, who was the widow of the testator. The Will was also considered by the arbitrator without giving an opportunity to the plaintiff to have her say in the matter. It was held that the arbitrator was guilty of legal misconduct, which was sufficient to vitiate the award.
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1. 19th Edn., (1979), p. 225.
In Sehodutt v. Pandit Vishnudatta, MANU/NA/0066/1954 : AIR 1955 Nag 116, the arbitrators made private enquiries and collected evidence of which no record was made. The award was, however, based on the enquiry so made. The appellant had no opportunity to meet and controvert the evidence thus collected. It was held that the award was vitiated.
In Husein Ebrahim v. Kesardeo Kanaria & Co., MANU/WB/0042/1954 : AIR 1954 Cal 111, the arbitrators asked for certain information from a third person without any reference to the parties and the arbitrators also did not disclose the letter which they wrote to the third person, to the parties. It was held that the arbitrators were guilty of misconduct.
Russel observed in 'Russel on Arbitration1-
"Not every meeting between an arbitrator and one party alone will amount to misconduct or invalidate the award: there must be a substantial suggestion of injustice".
Thus, in Re, Morphett, [1845] 2 D&L 967, a meeting took place of which one of the parties had no notice. Nothing was, however, done in that meeting, except to discuss the question of adjournment. The meeting was adjourned and the subject of reference was not entered upon. The court refused to set aside the award on the mere ground of the party having had no notice of the meeting. In Black v. John Williams & Co., 1924 SC (HL) 22, a witness was examined in the absence of one of the parties or its representative. The question on which the witness deposed was decided in that party's favour. It was held that the complainant had suffered no injustice and his application to set aside the award was refused. In Anderson v. Wallace, [1835] 3 Cl&F 26, the arbitrator called one of the parties in the absence of other and asked him whether he admitted or disputed certain items in an account, and he merely recorded his answer to that question. It was held by the House of Lords that no objection to the award could be taken.
The arbitral tribunal should give each party full opportunity to present his case. Section 34(2)(a)(ii) of the Act provides that where a party was not given proper notice of the arbitral proceedings or was otherwise unable to present his case in the arbitral proceedings, the resulting award is apt to be annulled. The objective of these two sections i.e., sections 18 and 34(2)(a)(ii) is to ensure that the arbitrator must act impartially and give full opportunity to the parties by giving them proper notice and every possible opportunity to present their respective case and thereby to ensure a fair trial by an impartial tribunal. The tribunal should make such arrangements that a party has full opportunity to be present in person with his legal advisors and witnesses whom he wishes to bring with him.
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1. 19th Edn., (1979), p. 228.
To deny such right directly or indirectly will militate against the requirement of fair trial and vitiate the resulting award. It is to be noted that the expressions 'fair opportunity', 'reasonable opportunity' or proper hearing etc., are not capable of any clear definition. What opportunity may be regarded as reasonable would necessarily depend on the practical necessity of a situation. The rule is sufficiently flexible to permit modifications and variations to suit exigencies of myriad situations which may arise [[Maneka Gandhi v. Union of India, MANU/SC/0133/1978 : AIR 1978 SC 597]. Thus, the parties who are to be directly affected by the proceedings or the award must be given adequate notice of the appointment of the arbitrator, subject-matter of the dispute, time and venue of the proceedings so that they may be able to effectively prepare their case and to answer the case of the opponent. It is the duty of the arbitrator to inform the parties to the proceedings in writing about the particulars of the reference. A party has the right to be present throughout the arbitral proceedings and the tribunal has no right to exclude one party at any stage of the arbitral proceedings unless he consents, or does not wish to attend the proceedings throughout. The requirement that each party shall be given a full opportunity to present his case, applies equally both to the presentation of evidence as well as argument. However, the mode and manner of adducing documentary and oral evidence can be agreed upon by the parties. Shutting out the evidence or cutting short the argument may result in remission or annulment of the award. This rule, however, has certain restrictions. The arbitral tribunal is not required to receive evidence which is not relevant to the issues in dispute.
II.
Section 19(1) of the Arbitration and Conciliation Act, 1996, lays down that the arbitral tribunal shall not be bound by the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872.
Section 19(2) of the Act provides that subject to Part I of the Act, the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting its proceedings.
If the parties fail to agree on any procedure for the conduct of arbitral proceedings, the arbitral tribunal may, subject to the provisions contained in Part I of the Act, conduct the proceedings in the manner it considers appropriate.1
The arbitral tribunal in determining the manner of conducting the arbitral proceedings under the provisions of section 19(3) has the power to determine the admissibility, relevance, materiality and weight of any evidence.2
Section 19 is one of the most important provisions of the Act inasmuch as it establishes procedural autonomy by recognising the parties' freedom to lay down the rules of procedure. If the parties fail to agree on a procedure, it
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1. Section 19(3).
2. Section 19(4).
grants the arbitral tribunal a wide range of discretionary powers as to how to conduct the proceedings. The possibility of choosing the procedural rules for the arbitration proceedings constitutes one of the major attractions for parties contemplating resolution of their dispute by arbitration. The freedom conferred upon the parties to agree on the procedure to be followed by the arbitral tribunal is regulated by Part I of the Act but subject to that regulation parties are otherwise free to agree on arbitral procedure, and the conduct of proceedings. It is to be noted that the arbitral tribunal in exercising its jurisdiction to adopt the procedure which it considers appropriate, must act judicially [Henry Sotheran Ltd. v. Norwich Union Life Assurance Society, [1992] ADRLJ 245].
Under the provisions of section 19(2) of the Act, the parties are free to determine the rules of procedure of arbitration proceedings. This allows them to design the procedural rules according to their specific needs and wishes. The parties may also opt for a procedure, which is anchored in a particular legal system. They may agree to adopt the principles of the procedure prescribed in the Code of Civil Procedure, 1908 or for the purpose of taking evidence the provisions contained in the Evidence Act, 1872. If the parties refer to a given law on civil procedure or evidence, such law would be applicable by virtue of their choice, and not by virtue of being the national law.
Section 20(1) of the Arbitration and Conciliation Act, 1996, provides that the parties are free to agree on the place of arbitration.
Section 20(2) of the Act then lays down that if the parties fail to agree on a place of arbitration, the arbitral tribunal shall determine the place of arbitration. The arbitral tribunal in determining the place of arbitration shall have regard to the circumstances of the case, including the convenience of the parties.
Section 20(3) provides that unless otherwise agreed by the parties, the arbitral tribunal may meet at any place it considers appropriate for consultation among its members, for hearing witnesses, experts or the parties, or for inspection of documents, goods or other property.
Determination of the place of arbitration is of paramount importance because the law of the place of arbitration plays a fundamental role in the arbitral process. This law regulates the appointment of arbitrators, challenge to the award of arbitrators, enforcement of awards etc. The parties may expressly select the place of arbitration. If the parties choose to conduct their arbitration under any arbitration institutional rules, then those rules may specify the seat of the arbitration.
Section 20(1) of the Act gives the parties freedom to choose the place of arbitration. If the parties fail to agree on a place of arbitration, the arbitral tribunal may fix the seat of arbitration keeping in view the circumstances of the case and convenience of the parties under the provisions of section 20(2) of the Act. Under the provisions of section 20(3) of the Act, the arbitral tribunal may meet at any place it considers appropriate, unless otherwise agreed by the parties, for hearing witnesses, experts or the parties or for inspection of documents, goods or other property. The discretion of the arbitral tribunal to determine the place of arbitration under section 20(2) has to be exercised in a judicial manner. In determining the place of arbitration, the arbitral tribunal cannot take a despotic decision, regardless of the circumstances of the case. Its decision is conditional by the circumstances of the case, particularly the convenience of the parties. The discretion of the arbitral tribunal to decide upon the place of meetings is of wide amplitude but is subject to the general mandate of section 18 i.e., impartiality and fair trial. In international arbitrations, meetings or hearings may take place in several countries, without changing the seat of arbitration.
IV.
Section 21 of the Arbitration and Conciliation Act, 1996 provides that unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent.
Section 21 of the Act gives the parties freedom to agree on how to determine when the arbitration has officially commenced. If the parties fail to arrive at such agreement, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent. In order to determine the date of receipt, the provisions of section 3 must be looked into. Section 3 provides that unless otherwise agreed by the parties, a written communication is deemed to have been received when it is delivered to the addressee personally or at his place of business, habitual residence or mailing address. If none of these places can be found after making a reasonable enquiry, a written communication is deemed to have been received if it is sent to the addressee's last known place of business, habitual residence or mailing address by registered letter or by any other means which provides a record of the attempt to deliver it. Further, the communication is deemed to have been received on the date it is so delivered. Section 43 of the Arbitration and Conciliation Act, 1996 provides that the Limitation Act, 1963 shall apply to arbitrations as it applies to proceedings in court. Thus, the date of commencement of arbitral proceeding assumes relevancy for calculating the time-limit for arbitral proceedings under the Limitation Act, 1963. The date of commencement of arbitral proceedings is also relevant when there is a time-bar clause in an arbitration agreement, i.e., when the parties have agreed that arbitration must be commenced within a particular specified time and if the arbitration proceedings does not commence within this specified time, the right to go to arbitration or the claim itself would be barred. The request for arbitration must indicate the particular dispute in respect of which the date of commencement of the arbitral proceedings is to be determined. The request should make it clear that the arbitration proceedings are commenced and it is irrelevant whether the communication is called 'request', 'notice', 'application' or 'statement of claim'.
V.
Section 22(1) of the Arbitration and Conciliation Act, 1996 provides that the parties are free to agree upon the language or languages to be used in the arbitral proceedings.
Section 22(2) of the Act provides that if the parties fail to arrive at any agreement as to the language or languages to be used in the arbitral proceedings, the arbitral tribunal shall determine the language or languages to be used in the arbitral proceedings.
Section 22(3) provides that unless otherwise specified, the agreement or determination shall apply to any written statement by a party, any hearing and any arbitral award, decision or other communication by the arbitral tribunal.
Section 22(4) then lays down that the arbitral tribunal may order that any documentary evidence shall be accompanied by a transaction into the language or languages agreed upon by the parties or determined by the arbitral tribunal.
The parties to the arbitration are free to choose the language or languages to be used in the arbitral proceedings. If the parties fail to arrive at any such agreement the arbitral tribunal will determine the language or languages to be used in the arbitral proceedings. Unless otherwise specified, the agreement of the parties or determination by the arbitral tribunal as to the language shall also apply to any written statement by a party, any hearing and any arbitral award, decision or other communication by the arbitral tribunal. The arbitral tribunal may order that any documentary evidence shall be accompanied by a translation into the language agreed by the parties or determined by the arbitral tribunal. It is to be noted that in determining the appropriate language under section 20(2) and whether any translations are required under section 20(4), the arbitral tribunal must exercise is power in conformity with section 18 of the Act i.e., impartiality and fair trial. The arbitral tribunal must ensure that all the parties are able to follow and understand the proceedings. In international commercial arbitrations the language must be selected with utmost care and caution.
VI.
Section 23(1) of the Arbitration and Conciliation Act, 1996 provides that within the period of time agreed upon by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting his claim, the points at issue and the relief or remedy sought, and the respondent shall state his defence in respect of these particulars, unless the parties have otherwise agreed as to the required elements of those statements.
Section 23(2) of the Act provides that the parties may submit with their statements all documents they consider to be relevant or may add a reference to the documents or other evidence they will submit.
Section 23(3) of the Act then lays down that unless otherwise agreed by the parties, either party may amend or supplement his claim or defence during the course of the arbitral proceedings, unless the arbitral tribunal considers it inappropriate to allow the amendment or supplement having regard to the delay in making it.
Section 23 provides for pleadings of the parties before the arbitral tribunal. The pleadings of the claimant shall consist of statement of claim which shall state (a) the facts supporting the claim; (b) the points at issue; and (c) the relief or remedy sought. When the respondent receives the statement of claim, he will file the statement of defence, which shall state (a) the defence in respect of each of the claims made in the statement of claim; and (b) any other information or statement rebutting the claim. Further, the parties have to submit all the documents they consider to be relevant with their statement. The parties may annex with their statement a list of documents or other evidence they will submit. The pleadings can be amended or supplemented at any stage of the arbitration proceedings unless otherwise agreed by the parties and unless the arbitral tribunal considers it inappropriate to allow the amendment or the supplement having regard to the delay in making it. Section 23 of the Act gives the parties a wide range of options relating to the filing of pleadings. The parties may agree upon the time for filing the pleadings. In the absence of such agreement, the arbitral tribunal may determine the time for filing the pleadings. The parties are free to agree on the elements required to be stated in the pleadings. The parties may evolve their own procedure, e.g., they may adopt the principles prescribed in Order 7 and Order 8 of the Code of Civil Procedure, 1908 or they may adopt procedural rules prescribed by the rules of any arbitral institution. After the arbitral tribunal has been established, the usual practice is to exchange and file their pleadings before the tribunal. The claimant states the facts and other relevant matters on which he relies, while the respondent opposes the facts and the averments made in the claim statement and contests the relief claimed by the claimant. The contents of pleading may vary from case to case depending upon the facts and circumstances of each case.
VII.
Section 24(1) of the Arbitration and Conciliation Act, 1996 provides that unless otherwise agreed by the parties, the arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral argument, or whether the proceedings shall be conducted on the basis of documents and other materials:
Provided that the arbitral tribunal shall hold oral hearings, at an appropriate stage of the proceedings, on a request by a party, unless the parties have agreed that no oral hearing shall be held.
Section 24(2) of the Act provides that the parties shall be given sufficient advance notice of any hearing and of any meeting of the arbitral tribunal for the purpose of inspection of documents, goods or other property.
Section 24(3) provides that all statements, documents or other information supplied to, or applications made to the arbitral tribunal by one party shall be communicated to the other party, and any expert report or evidentiary document on which the arbitral tribunal may rely in making its decision shall be communicated to the parties.
Under the provisions of section 24(1) of the Act, the parties are free to decide the question whether to hold oral hearings for presentation of their evidence or whether the proceedings should be conducted on the basis of documents and other materials. In the absence of such agreement between the parties, the arbitral tribunal is empowered to decide whether to hold oral hearings for the presentation of evidence or for oral arguments or whether the proceedings shall be conducted on the basis of documents and other materials only. In the absence of any agreement by the parties that no oral hearings shall be held, the arbitral tribunal shall, on a request by a party, hold oral hearings at an appropriate stage of the proceeding. Under the provisions of section 24(2), for the purposes of inspection of documents, goods or any other property, the parties shall be given sufficient advance notice of any hearing and any meeting of the arbitral tribunal. This provision enunciates the general principle contained in section 18 of the Act i.e., fair and equitable trial.
Under the provisions of section 24(3), each party shall communicate to the other, all statements, documents or other information supplied to, or applications made to the arbitral tribunal by it. Further, any expert report or any other evidentiary document on which the arbitral tribunal may rely in making its decision shall be communicated to the parties.
The purpose of producing evidence in an arbitration proceeding is to assist the arbitral tribunal in deciding the disputed issues of fact or issues of opinion presented by the experts. Usually, the parties submit written statements of the witnesses on whose evidence they intend to rely. If in an arbitration proceeding after taking oath, a party or a witness gives evidence which he knows to be false or does not believe to be true, he is liable to be criminally prosecuted for perjury. A party to an arbitration proceeding may adduce evidence-(a) by production of relevant documents; (b) by oral or written evidence of witnesses of fact; (c) by oral or written opinions of expert witnesses; and (d) by inspection of the subject-matter of the dispute. Regarding the examination of witnesses, generally the arbitral tribunals follow the principles set forth in sections 135 to 166 of the Indian Evidence Act, 1872. Section 137 of the Indian Evidence Act, 1872 provides that firstly a witness shall be subjected to examination-in-chief i.e., the examination of a witness by the party who calls him. Secondly, the witness shall be subjected to cross-examination, i.e., the examination of a witness by the adverse party. Thirdly, the witness shall be subjected to re-examination, i.e., examination of a witness subsequent to the cross-examination by the party who called him. Section 138 of the Indian Evidence Act, 1872 sets forth the order of examination of witnesses and provides that witnesses shall be first examined-in-chief, then (if the adverse party so desires) cross-examined and then (if the party calling him so desires) re-examined. After the production of evidence by the parties, the arbitral tribunal inspects the subject-matter of the dispute in certain particular type of contracts (e.g. building contracts). The tribunal in proceeding with the inspection of the site or subject-matter of the dispute has to be careful that the inspection should be made in the presence of all the parties or their representatives.
Section 25 of the Arbitration and Conciliation Act, 1996 provides that unless otherwise agreed by the parties, where without showing sufficient cause,-
(a) the claimant fails to communicate his statement of claim in accordance with sub-section (1) of section 23, the arbitral tribunal shall terminate the proceedings;
(b) the respondent fails to communicate his statement of defence in accordance with sub-section (1) of section 23, the arbitral tribunal shall continue the proceedings without treating that failure in itself as an admission of the allegations by the claimant;
(c) a party fails to appear at an oral hearing or to produce documentary evidence, the arbitral tribunal may continue the proceedings and make the arbitral award on the evidence before it.
Clause (a) of section 25 lays down the consequences that will result when the claimant, without sufficient cause, fails to communicate his statement of claim within the period of time agreed upon by the parties or determined by the arbitral tribunal. In such situation, unless otherwise agreed by the parties, the arbitral tribunal shall terminate the proceedings. Clause (b) of section 25 provides the consequences that will result when the respondent fails without sufficient cause to communicate his statement of defence within the time agreed upon by the parties or determined by the arbitral tribunal. As per clause (b), in such situation, unless otherwise agreed by the parties, the arbitral tribunal shall continue the proceedings without treating that failure in itself as an admission of the allegations by the claimant. Under the provisions of clause (c) of section 25, if either party without sufficient cause fails to appear at an oral hearing or to produce documentary evidence, after the pleadings have been filed before the arbitral tribunal, then unless otherwise agreed by the parties, the arbitral tribunal may continue the proceedings and make the arbitral award on the basis of the evidence before it.
IX.
Section 26(1) of the Arbitration and Conciliation Act, 1996 provides that unless otherwise agreed by the parties, the arbitral tribunal may-
(a) appoint one or more experts to report to it on specific issues to be determined by the arbitral tribunal, and
(b) require a party to give the expert any relevant information or to produce or to provide access to, any relevant documents, goods or other property for his inspection.
Section 26(2) of the Act provides that unless otherwise agreed by the parties, if a party so requests or if the arbitral tribunal considers it necessary the expert shall, after delivery of his written or oral report, participate in an oral hearing where the parties have the opportunity to put questions to him and to present expert witnesses in order to testify on the points at issue.
Section 26(3) provides that unless otherwise agreed by the parties, the expert shall, on the request of a party, make available to that party for examination all documents, goods or other property in the possession of the expert with which he was provided in order to prepare his report.
Sometime the determination of any question in an arbitration proceedings may involve determination of questions as to any scientific or technical matters e.g., engineering, accountancy etc. For determination of such issues, the arbitral tribunal may appoint an expert for technical assistance. The function of an expert so appointed is to give impartial advice to the arbitral tribunal on matters within his expertise. Section 26(1) of the Act deals with the appointment of one or more experts to assist the arbitral tribunal on specific issues to be determined by it. Under the provisions of section 26, the arbitral tribunal may direct a party to give relevant information to an expert appointed by the tribunal or to produce any relevant documents, goods or other properties for his inspection. The arbitral tribunal may also direct a party to give the expert access to these things. The expert shall submit his report to the arbitral tribunal in writing stating his conclusions on the specific technical issue. The arbitral tribunal shall take technical guidance from the expert's report so submitted in arriving at its decision. It is to be noted that the expert must be impartial. If there is lack of independence on the part of the expert, the parties may challenge the expert. After the expert submits his report, the parties shall be given an opportunity to put questions to the expert. For this purpose, the parties can appoint and produce experts, known as expert witnesses. Regarding the admissibility of the expert evidence, the arbitral tribunal has the power to determine the admissibility of such evidence. Under the provisions of section 26(3), on the request of a party, the expert shall make available to that party for examination all documents, goods or other property in the possession of the expert with which he was provided in to prepare his report.
X.
Section 27(1) of the Arbitration and Conciliation Act, 1996 provides that the arbitral tribunal or a party with the approval of the arbitral tribunal may apply to the Court for assistance in taking evidence.
Section 27(2) provides that such an 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.
Section 27(3) provides that 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. While making such an order, the Court may issue the same process to witness as it may issue in suits tried before it.1
Section 27(5) lays down that 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 offence in suits tried before the Court.
In section 27, the expression "processes" includes summons and commissions for the examination of witnesses and summons to produce documents.2
An arbitral tribunal has no power to compel the attendance of witnesses who refuse to attend and give evidence. It also has not the power to order production of documents which are in the possession of third party, even when such documents may be relevant to the matters in issues. That is why section 27(1) provides that an arbitral tribunal or a party with the approval of the arbitral tribunal, may apply to the Court for assistance in taking evidence. On receipt of an application from the tribunal or a party, the Court, within its competence, in accordance with the rules of taking evidence, may order that the evidence be provided directly to the arbitral tribunal. While making such order, the Court may issue the same process to witnesses as it may issue in suits tried before it under the Code of Civil Procedure, 1908.
Section 27 of the Code of Civil Procedure, 1908 (C.P.C.) provides that where a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim and may be served in the manner prescribed. Order 5 of C.P.C. lays down the detailed rules regarding issue and service of summons. Section 31 of C.P.C. further provides for issue of summons to witnesses to give evidence or to produce documents or other material objects. Section 32 of C.P.C. lays down the penalty for default in order to compel the attendance of any person to whom a summons has been issued. Section 32 of C.P.C. provides that the Court may compel the attendance of any person to whom a summons has been issued and for that purpose may-(a) issue a warrant to his arrest; (b) attach and sell his property;
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1. Section 27(4).
2. Section 27(5).
(c) impose a fine upon him not exceeding five thousand rupees; (d) order him to furnish security for his appearance and in default commit him to the civil prison. Section 30 of C.P.C. provides that subject to such conditions and limitations as may be prescribed, the Court may, at any time either of its own motion or on the application of any party-
(a) make such orders as may be necessary or reasonable in all matters relating to the discovery and answering of interrogatories, the admission of documents and facts, and the discovery, inspection, production, impounding and return of documents or other material objects producible as evidence;
(b) issue summons to persons whose attendance is required either to give evidence or to produce documents or such other objects as aforesaid;
(c) order any fact to be proved by affidavit.
The purpose of discovery, inspection and production of documents is to enable a party to an arbitration proceedings to obtain necessary information regarding the material facts constituting the case of the opposite party. Under the provisions of Order 11, rule 14, the Court has the power to order the
production by any party thereto, upon oath, of such of the documents in his possession or power relating to any matter in question in such suit.
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