90.
The answer is: D
Explanation
The correct option is D: Both. (The Code of Civil Procedure, 1908) and (The Indian Evidence Act, 1872).
The Arbitral Tribunal shall not be bound by these two statutes in the determination of rules of procedure. This is because the Arbitration and Conciliation Act, 1996, which governs the arbitration proceedings in India, gives the parties and the tribunal the freedom to decide the procedure to be followed. Section 19 of the Act states that:
(1) The arbitral tribunal shall not be bound by the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872.
(2) Subject to this Part, the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting its proceedings.
(3) Failing any agreement referred to in sub-section (2), the arbitral tribunal may, subject to this Part, conduct the proceedings in the manner it considers appropriate.
Therefore, the arbitral tribunal has the power to determine its own rules of procedure, as long as they are not contrary to the provisions of the Act or the agreement of the parties. The tribunal can also adopt the rules of any arbitral institution, such as the Indian Council of Arbitration, the International Chamber of Commerce, or the London Court of International Arbitration, if the parties agree to do so. The purpose of this provision is to ensure the flexibility and efficiency of the arbitration process, and to avoid the formalities and technicalities of the civil and criminal courts.