Section 36(3) of The Arbitration Act

Sub-Section (3) of Section 36 uses the phrase “have due regard to”. In Pam Developments Pvt. Ltd. v. State of West Bengal, [Civil Appeal No. 5432 of 2019] the phrase has been interpreted to mean that CPC provisions, though to be taken into consideration, are not mandatory. Also see, Shri Sitaram Sugar Company Limited, (1990) 3 SCC 223.

Since, The Arbitration Act is a Self-Contained Act, CPC provisions will apply only insofar as the same are not inconsistent with the spirit and provisions of The Arbitration Act. CPC provisions are to be followed as a guidance. It may be true that the CPC provides for a differential treatment of Government in certain cases, but the same may not be so applicable while considering a case against the Government under The Arbitration Act.