In arbitration proceedings in India, the standard of proof required generally follows the principles of civil law rather than criminal law. Here’s how the standard of proof is understood and applied in Indian arbitration: Balance of Probabilities Civil Standard of Proof: Arbitration proceedings in India typically require parties to prove their claims or defenses on a balance of probabilities. This standard means that a party must demonstrate that their version of events or facts is more likely to be true than not. Preponderance of Evidence: Parties are not required to prove their case beyond a reasonable doubt, as in criminal law. Instead, they must provide sufficient evidence and arguments to persuade the arbitrator(s) that their claims are more probable than the opposing party's claims. Evidentiary Requirements Burden of Proof: The burden of proof rests on the party making a claim or seeking relief in arbitration. This party must present evidence and arguments to substantiate their position and convince the arbitrator(s) of the validity of their claims. Admissibility of Evidence: Arbitrators in India have the discretion to determine the admissibility and weight of evidence presented by the parties. They may consider various forms of evidence, including witness testimony, documents, expert reports, and other relevant materials. Judicial Approach Judicial Interpretation: Indian courts have affirmed that arbitrators should apply a flexible approach to evidentiary standards, ensuring fairness and efficiency in arbitration proceedings. The focus is on allowing parties to present their case effectively while ensuring that the arbitration process remains expeditious and cost-effective. Conclusion In conclusion, the standard of proof required in arbitration proceedings in India is based on the balance of probabilities. Parties must demonstrate that their claims or defenses are more likely than not to be true, rather than proving beyond a reasonable doubt as in criminal proceedings. This civil standard allows arbitrators to make decisions based on the preponderance of evidence presented by the parties, ensuring a fair and equitable resolution of disputes through arbitration.

Dear client, The standard proof in arbitration process is generally lower than in the traditional court proceedings and it depends on the nature of each dispute and the facts of the case. Preponderance of probability: In the criminal cases the standard is “beyond reasonable doubt” is followed but for the arbitration proceedings in India is “preponderance of probability” is followed. The arbitrator evaluates the evidences only based on the balance and weight rather than strict legal proof. Flexibility in admissibility of Evidence: Under the section 19 of the arbitration and conciliation Act states that arbitral tribunals are not bound by the Indian Evidence Act, 1872 and the code of civil procedure, 1908. Tribunals may accept evidence that is relevant and reliable, even if it does not strictly conform to formal evidentiary rules. Documentary vs Oral evidence: Documentary evidence carries significant weight, especially in commercial arbitrations where contracts, emails, invoices and correspondence play a crucial role. Oral testimony may be required when there are factual disputes that need clarification. Expert Evidence: In technical or complex commercial disputes, parties may rely on expert testimony to substantiate claims. The arbitrator may also appoint an independent expert under section 26 of the arbitration and conciliation Act. I hope this answer helps, in case of future queries please feel free to contact us. Thank you