Court assistance in taking evidence
Section 27 of the Arbitration and Conciliation Act, 1996 deals with court assistance in taking evidence. The arbitral tribunal, or a party with the approval of the arbitral tribunal, may apply to the Court for assistance in taking evidence. The Act came into force on 22 Aug 1996.
(1) The arbitral tribunal, or a party with the approval of the arbitral tribunal, may apply to the Court for assistance in taking evidence.
(2) The 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.
(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.
Section 27, The Arbitration and Conciliation Act, 1996 (Act 26 of 1996).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
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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Alka Chandewar v. Shamshul Ishrar Khan
Court's Decision & Legal Precedent
Judgement of Main Case order-8.pdf 2017-07-06 DATE VERIFIED. R.F. Nariman + Sanjay Kishan Kaul JJ. CA 8720/2017 (arising SLP(C) 3576/2016). Isolate: Arbitration Act s.17 interim measures by the tribunal are not ropes of sand — s.27(5) empowers the court, on the tribunal’s representation, to punish contempt of s.17 orders (not confined to taking evidence); the 2015 s.17(2) amendment is the complete statutory enforcement solution going forward. Bombay HC reversed; remanded on facts. Leading SC. Distinctive (Alka Chandewar, Shamshul Ishrar). Map 17 and 27. Essar Bulk still all ROP — not used.
On this section: Arbitration Act s.27(5) covers persons guilty of any contempt of the arbitral tribunal during the conduct of proceedings, including breach of s.17 interim orders, and is not confined to taking evidence (Alka Chandewar).
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 27
What have the courts held on Section 27 of the Arbitration and Conciliation Act?
Alka Chandewar v. Shamshul Ishrar Khan (06 Jul 2017) is the leading judgment on this section among those set out below: Arbitration Act s.27(5) covers persons guilty of any contempt of the arbitral tribunal during the conduct of proceedings, including breach of s.17 interim orders, and is not confined to taking evidence (Alka Chandewar).
How do I find court cases under Section 27 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 27, section 27 Arbitration Act, section 27 of the Arbitration and Conciliation Act. People searching for it also type 27 arbitration act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Alka Chandewar v. Shamshul Ishrar Khan (06 Jul 2017).
What should I read with Section 27 of the Arbitration and Conciliation Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 27 of the Arbitration and Conciliation Act come into force?
Section 27 of the Arbitration and Conciliation Act, cited as Arbitration Act 27, 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.