Expert appointed by arbitral tribunal
Section 26 of the Arbitration and Conciliation Act, 1996 deals with expert appointed by arbitral tribunal. 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 do The Act came into force on 22 Aug 1996.
(1) 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.
(2) 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.
(3) 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.
Section 26, The Arbitration and Conciliation Act, 1996 (Act 26 of 1996).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Union of India Thr. Chief Engineer (construction) 1 vs B. M. Construction Company Thr. Proprietor Bal Kishan Sharma
Court's Decision & Legal Precedent
The core ratio of the judgment comprises three holdings: (1) Amendment Act 2015 does not apply to arbitration proceedings where dispute request was received before October 23, 2015; pre-amended Arbitration and Conciliation Act 1996 alone applies per Section 21 read with Section 26. Therefore High Court cannot invoke Section 12(5) for such cases. (2) Execution of 'no claim certificate' by contractor does not bar arbitration when prima facie evidence suggests financial coercion by employer who conditions payment on certificate execution. Such certificates are not genuine accord and satisfaction but forced settlement under economic duress, following the National Insurance vs. Boghara Polyfab framework, particularly illustration 52(iii). (3) High Court under Section 11(6) must first ensure contractually agreed appointment procedure is exhausted before appointing independent arbitrator. Contractual appointment procedure takes precedence; High Court is last resort. Deviation is permissible only when appointed arbitrator's independence is in doubt or when appointed tribunal has failed to function. Mere preference for independent arbitrator does not justify skipping agreed procedure.
On this section: Amendment Act shall not apply to arbitral proceedings commenced before commencement of Amendment Act unless parties otherwise agree. Core holding: pre-2015 Act applies to disputes requested before October 23, 2015.
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North Western Railway General Manager vs Anil Trading Company Proprietor Shri Dinesh Kumar Khinchi S/o Shri Chandra Ram
Court's Decision & Legal Precedent
Where arbitration request predates Amendment Act 2015 (23-10-2015), proceedings are governed by pre-amended Arbitration and Conciliation Act 1996. In such cases: (1) Execution of 'no claim' or 'no dues' certificates does not automatically bar arbitration if executed under economic duress or coercion; (2) Chief Justice/designate must first ensure agreed arbitration appointment procedure is exhausted before invoking Section 11(6); (3) Deviation from agreed procedure is permissible only when independence/impartiality of agreed arbitrator is in justified doubt or agreed Tribunal has failed to function; (4) Small/petty contractors required to execute no claim certificates as condition precedent to release of admitted payments constitute cases of presumed coercion absent clear evidence of voluntary accord and satisfaction; (5) Arbitral disputes subsist despite no claim certificates when circumstances indicate economic duress, and such disputes are arbitrable notwithstanding purported full and final discharge.
On this section: Provides that amended provisions do not apply to arbitral proceedings commenced before Amendment Act unless parties agree; if arbitration request received before 23-10-2015, pre-amended 1996 Act applies
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Union of India General Manager vs Rajendra Prasad Bansal Partner
Court's Decision & Legal Precedent
Where arbitration request is received before Amendment Act 2015 comes into force, pre-amended provisions of 1996 Act apply to the arbitration proceedings unless parties expressly agree otherwise. No-claim certificates executed by contractors under economic duress (where payments withheld unless certificates signed) do not bar arbitration. Courts must exhaust agreed appointment procedures before appointing independent arbitrators under Section 11(6), and should only depart from such procedures when genuine grounds exist (bias or tribunal failure), not merely because amended statutory requirements prefer independent arbitrators. The appointment procedure agreed upon in contracts must be given priority and effect to the extent possible before court intervention.
On this section: Temporal applicability; Amendment Act does not apply to arbitral proceedings commenced before its commencement unless parties agree otherwise
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 26
What have the courts held on Section 26 of the Arbitration and Conciliation Act?
Union of India Thr. Chief Engineer (construction) 1 vs B. M. Construction Company Thr. Proprietor Bal Kishan Sharma (29 Mar 2019) is the leading judgment on this section among those set out below: Amendment Act shall not apply to arbitral proceedings commenced before commencement of Amendment Act unless parties otherwise agree. Core holding: pre-2015 Act applies to disputes requested before October 23, 2015. Another 2 judgments on this section are set out below, all of them from the Supreme Court.
How do I find court cases under Section 26 of the Arbitration and Conciliation Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Arbitration Act 26, section 26 Arbitration Act, section 26 of the Arbitration and Conciliation Act. People searching for it also type arbitration and conciliation act 26 of 1996. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Union of India Thr. Chief Engineer (construction) 1 vs B. M. Construction Company Thr. Proprietor Bal Kishan Sharma (29 Mar 2019).
When did Section 26 of the Arbitration and Conciliation Act come into force?
Section 26 of the Arbitration and Conciliation Act, cited as Arbitration Act 26, came into force on 22 Aug 1996, having been enacted on 16 Aug 1996. It is in force as at the date shown on this page.
Other sections of this Act
- 8. Power to refer parties to arbitration where there is an arbitration agreement1029 words
- 11. Appointment of arbitrators1027 words
- 34. Application for setting aside arbitral awards861 words
- 2. Definitions732 words
- 29A. Time limit for arbitral award635 words
- 57. Conditions for enforcement of foreign awards519 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.