A:
Can be chosen by the parties, subject to the requirements of section 18
B:
can only be set by the arbitral tribunal
C:
Has to be prescribed by a court of competent jurisdiction
D:
Has to be as per the procedure set forth by the New York Convention or the Geneva Convention
E:
Has to be as per the procedure prescribed by the Law Commission
Explanation
A: Can be chosen by the parties, subject to the requirements of section 18.
Explanation:
Under the Arbitration and Conciliation Act, 1996, the procedure for a domestic arbitration can be chosen by the parties, subject to certain requirements and limitations outlined in the Act. Section 18 of the Act provides that the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings. However, this procedure must be in accordance with the provisions of the Act. While parties have flexibility in designing the arbitration procedure, they must adhere to the fundamental principles and requirements of the Act, including principles of natural justice and due process.
Options B, C, D, and E are not accurate:
B: The arbitral tribunal may have the authority to decide certain procedural matters, but the parties can still agree on many aspects of the procedure.
C: The procedure for domestic arbitration is primarily determined by the parties and is not prescribed by a court of competent jurisdiction.
D: The procedure for domestic arbitration is not required to follow the procedures set forth by international conventions like the New York Convention or the Geneva Convention. These conventions primarily govern the enforcement of international arbitral awards.
E: The procedure for domestic arbitration is not prescribed by the Law Commission. It is determined by the parties within the framework of the Arbitration and Conciliation Act, 1996.
