Since Indian Evidence Act does not apply to arbitral proceedings, it can’t be insisted that the evidence produced by the parties must be tested on the rigorous rules of evidence laid down in the Indian Evidence Act – Gannon Dunkerley and Co Ltd. Vs. Zillion Infraprojects Pvt. Ltd. – Delhi High Court
Hon’ble High Court of Delhi held that:
(i) The Court, while hearing an application under Section 34, is not expected to act as an Appellate Court and re-appreciate the evidence.
(ii) The conclusion of the Arbitrator which are based on no evidence or having been arrived at by ignoring vital evidence are perverse and can be set aside on the ground of patent illegality.
(iii) Since Indian Evidence Act does not apply to arbitral proceedings, it can’t be insisted that the evidence produced by the parties must be tested on the rigorous rules of evidence laid down in the Indian Evidence Act.
