All India Bar Examination (AIBE) 6-VI Previous Year Question Papers with Answers

The correct option is A: Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872.

This is based on Section 19 of the Arbitration and Conciliation Act, 1996, which states that "the arbitral tribunal shall not be bound by the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872". This means that the arbitral tribunal has the freedom to determine the rules of procedure and evidence applicable to the arbitration proceedings, subject to the agreement of the parties and the principles of natural justice. The arbitral tribunal can also decide on the admissibility, relevance, materiality and weight of any evidence.

The purpose of this provision is to ensure that the arbitration process is flexible, efficient and expeditious, and not hampered by the technicalities and formalities of the civil courts or the evidence law. However, this does not mean that the arbitral tribunal can disregard the substantive law governing the dispute or the mandatory provisions of the Arbitration Act. The arbitral tribunal must also respect the public policy of India and the fundamental rights of the parties.