procedure of court intervention in arbitration matter

The word court appearing in section 27 of Arbitration & Conciliation Act has been defined in section 2 (e) of the ibid Act. 

Accoding to it Court means Principal civil court of original jurisdiction in a district and it also includes High court in excercise of it soriginal civil court jurisidction.

Under Sec.27 of Arbitration and Conciliation Act'1996 for the purpose of assistance in taking evidence of witnesses or for production of some documents, either arbitral tribunal itself can move an application to the District court for issuance of summons to the winess for examination or production of  documents before the court.

Or either party can move the court with prior permission of the arbitral tribunal where the case is pending adjudication.

The application can be made to the court with details of the witness to examined or the descripttion of documetns to be produced.

Thank you Mr. Raj Kumar sir and niraj Kumar sir for information.

kindly clarify what will be the consequenses in case ,one party to arbitraton has send a notice to other party to submit the document marking CC to arbitration tribunal

1. will it be binding upon other party to submit the same.?

2. can other party refuse to it ,as arbitrator has not yet directed?

3. in case documents are not provided even after direction of arbitrator will that be amounting to penalty of court in sussequent procedure.

The arbitration proceedings are binding between the parties who have agreed for arbitration and it is not binding on any third parties.

As the arbitration proceedings is not binding on third parties, accodingly third party can refuse to accept arbitrator notice or to produce the document as desired.

No obeying the order of the arbitratal tribunal does not amount to contempt of court proceedings accordingly, cannot be punished for not producing the document.

Please remeber, the arbitrator has only limited power concerning with the parties who have submitted themselves for arbitration.

It is the reason why Sec.27 and sec.9 has created.