Guidelines for Recording of Oral Evidence
Through Advocate Local Commissioner, 2025

1. Short Title, Commencement and Application

1.1 These Guidelines shall be called the "Delhi Arbitration Centre Guidelines for Recording of Oral Evidence Through Advocate Local Commissioner, 2025".

1.2 They come into force from the date of publication/adoption by the competent authority of the Centre.

1.3 They apply to arbitral proceedings administered by DAC to the extent adopted by, or made applicable through, a procedural order of the Arbitral Tribunal — and remain at all times subject to the Arbitration and Conciliation Act, 1996, the arbitration agreement, applicable institutional rules, any order of a competent court, and the procedural directions of the Tribunal.

1.4 In pending proceedings, the Tribunal may apply these Guidelines after affording reasonable opportunity to the parties, unless the parties agree otherwise or the Tribunal considers their application necessary for fairness, efficiency or orderly conduct.

2. Object and Purpose

2.1 To facilitate expeditious, fair, neutral and cost-effective recording of oral evidence in DAC-administered proceedings. 2.2 To streamline recording of oral evidence, cross-examination and related procedural steps while preserving party autonomy, equal treatment, fair opportunity, procedural flexibility and the adjudicatory control of the Tribunal. 2.3 Efficiency and expedition shall not be construed as permitting denial of reasonable opportunity to any party to present its case.

3. Non-Derogation from Act, Party Agreement and Tribunal Powers

3.1 The Guidelines are procedural and are read harmoniously with the Act, the arbitration agreement, applicable rules, court directions and the principles of natural justice. 3.2 Nothing limits or derogates from the Tribunal's powers under the Act, including Sections 18, 19 and 24. 3.3 Nothing excludes or limits any statutory right, remedy, objection or recourse available to a party. 3.4 An agreed procedure for recording evidence is given effect unless inconsistent with non-derogable law, or unless the Tribunal, for recorded reasons and after reasonable opportunity, directs a modification necessary for fairness, efficiency or enforceability. 3.5 A procedural irregularity or non-compliance shall not by itself invalidate any recording, order, proceeding or award unless material prejudice is demonstrated.

4. Definitions

"Act" means the Arbitration and Conciliation Act, 1996; "Centre"/"DAC" means the Delhi Arbitration Centre, Tis Hazari, Delhi; "Tribunal" means the Arbitral Tribunal constituted in the proceedings; "Local Commissioner"/"LC" means an independent Advocate appointed by the Tribunal for the limited procedural purpose of recording oral evidence, subject to disclosure and the Tribunal's directions; "Witness" includes a party witness, expert witness or summoned witness; "Evidence" means oral testimony recorded pursuant to the Tribunal's directions, including examination-in-chief, cross-examination and re-examination; "Record" includes transcript, attendance sheet, marked or identified documents, objections, procedural notes and any authorised audio/video/digital record; "Session" means a block of up to two hours for recording evidence unless otherwise directed; "Video Conferencing"/"VC" includes any audio-video platform approved by the Tribunal; "Authorised DAC Officer" means an officer or staff member authorised to provide administrative assistance, record access or logistical support.

5. Power of Tribunal to Appoint

5.1 The Tribunal may, upon a party's application or suo motu, and after affording reasonable opportunity to the parties, appoint an Advocate Local Commissioner for recording oral evidence where appropriate for fairness, efficiency, convenience or orderly conduct. 5.2 Where the appointment is contested, the Tribunal records brief reasons for appointing or declining. 5.3 Appointment is a procedural measure and is not a delegation of adjudicatory powers. 5.4 The Tribunal retains exclusive authority over adjudication — appreciation of evidence, admissibility and relevancy, determination of objections, weight and credibility, procedural directions, costs, and the final determination of rights and liabilities.

6. Disclosure, Independence and Objection

6.1 Before accepting appointment (or immediately upon it, where prior disclosure is impracticable), the proposed LC files a written disclosure of any circumstance that may give rise to justifiable doubts as to independence, impartiality or neutrality. 6.2 The disclosure covers any professional, personal, financial or prior case-related connection with the parties, counsel, arbitrator(s), witnesses or the subject matter. 6.3 A party may object in writing within 5 working days of receiving the disclosure or of learning the relevant fact, or within such further time as the Tribunal permits on sufficient cause. 6.4 The Tribunal decides objections after reasonable opportunity to the parties and, where appropriate, the proposed LC. 6.5 The Tribunal's decision is final for the procedural conduct of the arbitration, without prejudice to statutory remedies.

7. Nature and Scope of Functions

7.1 The LC acts only as a procedural recording officer of the Tribunal and performs only assigned functions. 7.2 Subject to directions, the LC may record examination-in-chief, cross-examination and re-examination in question-answer form; administer oath or affirmation; mark or identify documents subject to objections and the Tribunal's final determination; record objections; maintain orderly conduct; authenticate transcripts and the procedural record; and submit the record to the Tribunal. 7.3 The LC shall not decide disputes; adjudicate objections finally; determine admissibility or relevancy conclusively; evaluate credibility; render findings on merits; mediate, conciliate or advise any party; or impose sanctions or costs except as expressly authorised and subject to the Tribunal's final directions. 7.4 Any procedural direction of the LC during recording is provisional and subject to the Tribunal's control.

8. Request for Cross-Examination

8.1 A party seeking cross-examination files such request, application or statement as the Tribunal directs — identifying the witness, the disputed facts or issues, the relevance of the proposed examination, and the estimated time required. 8.2 The requirement is for case management and shall not be applied mechanically to deny fair opportunity to test material evidence. 8.3 The Tribunal may permit, regulate, limit or refuse cross-examination considering the pleadings, issues, nature of the dispute, relevance, proportionality, avoidance of unnecessary delay, and equal treatment and fair opportunity. 8.4 Any order refusing cross-examination, or materially limiting its scope or duration, is passed after reasonable opportunity and for reasons to be recorded.

9. Examination-in-Chief

9.1 Examination-in-chief shall ordinarily be by affidavit, unless otherwise directed. 9.2 The Tribunal may direct clarificatory oral examination-in-chief where necessary. 9.3 Affidavits of evidence and relied-upon documents are exchanged within the Tribunal's timelines, with reasonable opportunity to respond, object or seek cross-examination. 9.4 Late filing or additional evidence is subject to the Tribunal's directions and shall not prejudice the opposite party's opportunity to test it.

10. Scope and Conduct of Cross-Examination

10.1 Cross-examination is ordinarily confined to facts in dispute, pleadings, contents of affidavits, admitted or disputed documents, issues framed or identified, credibility, and matters reasonably necessary to test the witness's evidence. 10.2 The Tribunal may issue directions on schedule, scope, duration, sequence of witnesses, venue, recording mechanism, document bundles and safeguards. 10.3 The Tribunal — or the LC subject to its directions — may regulate questioning to prevent irrelevant, repetitive, scandalous, oppressive, intimidating, argumentative or dilatory questioning. 10.4 Where a question is objected to and the examining party insists, the LC records the question, objection, response, provisional direction and brief reason, unless another procedure is directed. 10.5 Unless otherwise directed, objections remain open and are decided by the Tribunal at an appropriate stage. 10.6 The LC may seek immediate or subsequent directions where a dispute regarding questioning, privilege, confidentiality, witness protection, document use or conduct may materially affect fair recording.

11. Opportunities, Adjournments and Closure

11.1 The Tribunal may fix a schedule having regard to the dispute, number of witnesses, availability, timelines and efficient conduct. 11.2 Ordinarily, not more than two effective opportunities are granted for cross-examination of a witness, unless directed otherwise. 11.3 An opportunity counts as effective only where the witness, authorised representatives, record, documents and arrangements were reasonably available and the party had a real ability to proceed. 11.4 Further opportunity may be granted, for recorded reasons, where refusal may cause prejudice or denial of fair opportunity, or on sufficient cause. 11.5 The right to cross-examine is not closed mechanically — before closure the Tribunal considers whether effective opportunities were actually available, whether sufficient cause exists, whether lesser measures would suffice, and whether closure would cause material prejudice. 11.6 Closure is by reasoned order after reasonable opportunity. 11.7 Adjournments are not granted routinely: where a party seeks an adjournment, 50% of the Ld. Local Commissioner's fee for the adjourned date is borne and paid by that party, towards the LC's engagement for that date.

12. Fees of the Local Commissioner

12.1 The fee is as directed by the Tribunal. 12.2 Unless otherwise directed, the indicative fee is Rs. 5,000 per session of up to two hours. 12.3 A session extending beyond two hours may be treated as an additional session as directed by the Tribunal or as recorded by the LC subject to approval. 12.4 DAC may revise the fee schedule by notification; revisions apply prospectively unless directed otherwise.

13. Expenses and Initial Allocation of Costs

13.1 Expenses of recording — LC fee, stenographer, venue, transcription, authorised digital recording, VC platform, and document-handling expenses of the Arbitrator's clerk for making the record available — are deposited or borne as directed by the Tribunal. 13.2 In directing initial deposits or allocation, the Tribunal may consider which party seeks cross-examination, its necessity, equality of parties, conduct, convenience, proportionality and the circumstances.

14. Venue and Logistical Arrangements

14.1 The venue is fixed or approved by the Tribunal after hearing the parties. 14.2 It must be neutral, reasonably convenient, confidential, secure and suitable. 14.3 Evidence may be recorded at DAC premises, any neutral venue, or through VC or hybrid mode. 14.4 A venue controlled by one party shall not be used unless the parties consent or the Tribunal records reasons. 14.5 Logistics — stenographer, transcripts, document bundles, internet, VC facilities, printing, copying and technical support — are arranged as directed; the LC may coordinate ministerially, subject to Tribunal control.

15. Mode of Recording

15.1 Evidence is ordinarily recorded in question-answer form. 15.2 The LC takes reasonable steps to ensure faithful and accurate recording. 15.3 Electronic, audio, video or digital transcription may be adopted only under the Tribunal's directions. 15.4 The Tribunal identifies the official record; unauthorised recording, copying, circulation or publication of evidence is prohibited unless permitted by the Tribunal or required by law. 15.5 Digital records are maintained securely as directed by the Tribunal or DAC.

16. Video Conferencing and Hybrid Evidence Protocol

16.1 For VC or hybrid recording, the Tribunal may direct the platform, login credentials, identity verification, witness location, persons present, camera angle, microphone use, document access, screen sharing, breakout rooms, recording permissions, interpretation, technical support, confidentiality and data security. 16.2 Before testimony, the witness verifies identity as directed and states the location of testimony. 16.3 The witness confirms that no unauthorised person is present or communicating, and that no prompts, coaching, messages or assistance are being received except as permitted on record. 16.4 The LC may require the witness to keep camera and microphone operational, display the room where appropriate, and comply with document-use and screen-sharing directions. 16.5 Where a material technical failure affects any participant's ability to hear, view, question, object, access documents or participate effectively, the LC pauses the recording and records the nature and duration of the failure; the Tribunal may direct repetition of affected testimony, adjournment, extension of time or costs.

17. Authentication and Transcript Correction

17.1 The transcript is, as far as practicable, signed or electronically authenticated by the witness, the LC and the advocates or authorised representatives present. 17.2 Corrections limited to transcription errors may be proposed within the time directed; disputed corrections are placed before the Tribunal. 17.3 Refusal or inability of any person to sign is recorded and does not by itself invalidate the transcript. 17.4 Corrections, insertions, deletions or alterations are properly authenticated and do not alter the substance of testimony except by direction of the Tribunal.

18. Objection Recording Protocol

18.1 All objections are recorded with clarity sufficient to identify the question, answer if any, objection, response, provisional direction and whether the issue is reserved for the Tribunal. 18.2 Unless expressly directed, all objections remain open for determination by the Tribunal. 18.3 The LC does not decide objections finally and does not exclude material from the Tribunal's consideration except in accordance with its directions.

19. Submission of Record

19.1 On completion, the LC submits to the Tribunal the complete transcript, documents marked or identified, an index of objections, and any authorised audio/video/digital record. 19.2 The record is ordinarily submitted to the arbitrator's clerk and placed in the Arbitrator's file on the same day after the recording concludes, unless directed otherwise; copies are made available to the parties as directed, subject to confidentiality and data security. 19.3 The Tribunal may thereafter take the evidence on record, decide objections, seek clarifications, recall witnesses, issue further directions, or directly record further evidence.

20. Continuing Control of the Tribunal

20.1 The Tribunal retains continuous supervisory, procedural and adjudicatory control. 20.2 It may at any stage regulate the scope and duration of cross-examination, issue directions, recall witnesses, seek clarifications, decide objections, exclude inadmissible material, impose costs for delay or misconduct, modify timelines, approve or change venue, alter the recording mode, or directly record evidence. 20.3 Any material restriction on cross-examination, refusal to permit it, closure of the right, substantial adverse cost direction, or refusal to recall a witness is made after reasonable opportunity and for reasons to be recorded. 20.4 Nothing prevents the Tribunal from directly recording evidence where it considers appropriate.

21. Equal Treatment and Fair Opportunity

21.1 The Tribunal and the LC ensure equal treatment of parties and reasonable opportunity to present their case, in accordance with Section 18 of the Act. 21.2 No procedural direction under these Guidelines shall result in denial of reasonable opportunity to any party. 21.3 This clause guides the interpretation and application of all provisions of the Guidelines.

22. Conduct of Parties, Counsel and Witnesses

22.1 All participants cooperate in expeditious and fair completion of evidence. 22.2 No party, counsel or participant shall coach witnesses during testimony, obstruct proceedings, intimidate witnesses, cause unnecessary interruptions, misuse documents, breach confidentiality, or engage in abusive or dilatory conduct. 22.3 In VC or hybrid recording, no person communicates with the witness during testimony except on record and with permission. 22.4 The LC may record suspected misconduct factually for the Tribunal's consideration. 22.5 Consequences of misconduct — including costs or procedural directions — are determined by the Tribunal after reasonable opportunity.

23. Confidentiality and Data Security

23.1 Proceedings before the LC, transcripts, documents, recordings and procedural records remain confidential. 23.2 Disclosure is permitted only to the extent required by law, court order, statutory or regulatory obligation, arbitral challenge, enforcement, execution, professional advice, insurance or audit requirement, DAC administration, or Tribunal direction. 23.3 The LC, parties, counsel, stenographers, transcribers, interpreters, technical support and all participants maintain confidentiality and handle records securely. 23.4 Digital records are stored, transmitted and accessed only as directed by the Tribunal or DAC.

24. Savings

24.1 The Guidelines are procedural and do not import the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872 / Bharatiya Sakshya Adhiniyam as binding rules unless the parties agree or the Tribunal directs. 24.2 In case of inconsistency with any mandatory provision of law, the statute prevails. 24.3 In case of inconsistency with a Tribunal-specific procedural order, that order prevails to the extent consistent with the Act, party agreement, applicable rules and natural justice. 24.4 Procedural objections must be raised promptly; the effect of failure to object is governed by the Act, including principles analogous to waiver under Section 4.

25. Residuary Powers

25.1 In matters not expressly covered, the Tribunal may issue such directions as are necessary in the interest of justice, efficiency, fairness, confidentiality and enforceability. 25.2 Such directions remain subject to the Act, party agreement, court directions, and reasonable opportunity where rights may be affected.

26. Publication, Revision and Fee Schedule

26.1 DAC may publish, amend or revise these Guidelines and any related fee schedule by institutional notification. 26.2 Amendments and fee revisions operate prospectively unless otherwise stated or directed. 26.3 The Tribunal may, for reasons to be recorded, adapt the Guidelines to the circumstances of a particular arbitration.