CS Professional · Arbitration, Mediation and Conciliation

Emerging Aspects: Fast Track and Virtual Arbitration

Fast track arbitration is a quicker route the parties choose by written agreement under Section 29B. The tribunal decides on written pleadings and documents, usually without an oral hearing, and must make the award within six months. Virtual arbitration conducts proceedings online. You learn the rule, then apply it to the facts.

What this chapter covers

This chapter covers newer ways of conducting arbitration in India. It looks at the broad trends, the agreement clause that lets parties opt for a faster or online process, the statutory fast track procedure in Section 29B, how place and seat work when nobody meets in one room, and how virtual or online arbitration runs in practice.

The core of the chapter is Section 29B. The parties agree in writing, at any stage before or at the time the tribunal is appointed, to use the fast track procedure. They may agree on a sole arbitrator. The tribunal decides on written pleadings, documents and submissions. It may call for more information. It holds an oral hearing only if all parties ask or if the tribunal thinks it necessary to clarify issues. The award is due within six months from the date the tribunal enters upon the reference. If that period is missed, sub-sections (3) to (9) of Section 29A apply. Fees are as agreed between the arbitrator and the parties.

The chapter links to the rest of the paper. The agreement ties back to Section 7, the place of arbitration ties to Section 20, and the definitions in Section 2 explain terms like arbitral tribunal and Court. The reference to a judicial authority under Section 8 reminds you that an arbitration agreement must be respected even when a court case is filed. The time limit links to Section 29A, which you study in the arbitral proceedings and award chapters. Arbitration and Conciliation together carry 70 marks in Paper 7.1, so this chapter supports your answers across that part.

Examiners like topics that mix a short statutory provision with practical application. Section 29B gives you a clear structure: agreement, tribunal, procedure, time limit and consequence of delay. A case question can test whether the parties validly opted in, whether the tribunal wrongly held a hearing, or whether the six months have run out. Virtual arbitration and seat questions let you show current awareness and drafting skill. Because the electives are open book, you can verify the wording of the section, but only if you know where to look and how to apply it. Time spent on this chapter is small compared with the marks it can win in a written paper.

Emerging Aspects: Fast Track and Virtual Arbitration: topics in the order to study them

1Emerging Trends in Arbitration in IndiaStart here for the big picture, so the later provisions make sense as part of a wider shift to speed and technology.
2Arbitration Agreement for Fast Track and Online ArbitrationEverything depends on the parties' written consent, so learn how the agreement clause opens the door to both routes.
3Fast Track Procedure under Section 29BThis is the core statutory provision and the most testable topic, so study it once you know how the agreement triggers it.
4Place and Seat of Arbitration in Virtual ProceedingsLearn this after the procedure, because it answers where a proceeding is legally located when parties join online.
5Virtual and Online ArbitrationFinish with the practical conduct of online hearings, building on the agreement, procedure and seat points you already know.

How to prepare Emerging Aspects: Fast Track and Virtual Arbitration

Treat this as a short statute-plus-practice chapter. Learn Section 29B almost line by line, then practise applying it to facts.

Read the trends topic once, quickly, and note two or three themes such as speed, cost and technology that you can use in introductions.
Read Section 29B from the Act and list its six sub-sections in your own words: agreement, sole arbitrator, procedure, six-month award, effect of delay, fees.
Draft a sample fast track clause in two or three lines. Include written consent, the option of a sole arbitrator and the six-month period.
Compare fast track with regular arbitration in a short table of your own: hearing, time limit, tribunal size, fees. Use it for revision only, not in the answer.
Read Section 20 and note that parties are free to agree the place. Failing that, the tribunal decides, and it may meet elsewhere for hearings or consultation unless the parties agree otherwise. Then apply this to an online hearing.
Practise two case-style questions. State the provision, analyse the facts, then conclude. For example, a party asks for an oral hearing in a fast track case after the tribunal started.
Revise Section 2 definitions and Section 8 so you can cite them correctly when a question links the chapter to the wider Act.

Common mistakes in Emerging Aspects: Fast Track and Virtual Arbitration

Saying fast track applies automatically to small or urgent disputes.
Fix: State clearly that Section 29B needs the parties' written agreement. Without it, the normal procedure applies.
Writing that no oral hearing can ever be held in fast track.
Fix: Add the two exceptions: all parties request it, or the tribunal considers it necessary to clarify certain issues.
Stating the wrong time limit or the wrong starting point.
Fix: Remember six months from the date the tribunal enters upon the reference, and name Section 29A sub-sections (3) to (9) as the consequence of delay.
Saying a sole arbitrator is compulsory in fast track.
Fix: Say the parties may agree that the tribunal consists of a sole arbitrator chosen by them. It is an option, not a mandate.
Treating the venue of an online hearing as the legal seat.
Fix: Explain that parties agree the place under Section 20, and failing that the tribunal decides. Hearings can be held elsewhere without changing that place, unless the parties agree otherwise.
Giving a conclusion without applying the facts.
Fix: Follow the format of provision, analysis of the facts and conclusion. Name the party, the agreement date and the stage reached before you decide.

Last-day revision: Emerging Aspects: Fast Track and Virtual Arbitration

Section 29B applies only if the parties agree in writing to the fast track procedure.
The agreement may be made at any stage before or at the time of appointment of the tribunal.
Parties may agree on a sole arbitrator chosen by them.
Default rule: decide on written pleadings, documents and submissions, without an oral hearing.
The tribunal may call for further information or clarification.
Oral hearing only if all parties request it, or the tribunal considers it necessary to clarify issues.
If a hearing is held, the tribunal may dispense with technical formalities.
The award must be made within six months from the date the tribunal enters upon the reference.
If the six months are missed, Section 29A sub-sections (3) to (9) apply.
Arbitrator's fees and the manner of payment are as agreed between the arbitrator and the parties.
Under Section 20, parties are free to agree the place; failing that, the tribunal decides having regard to the circumstances, including convenience.
Unless the parties agree otherwise, the tribunal may meet at any place it considers appropriate for hearings, consultation or inspection.

Emerging Aspects: Fast Track and Virtual Arbitration practice questions

Emerging Aspects: Fast Track and Virtual Arbitration in other exams

The same ground in other exams, if you are preparing for more than one or want another angle on it.

Emerging Aspects: Fast Track and Virtual Arbitration: frequently asked questions

What is fast track arbitration under Section 29B?

It is a quicker procedure the parties choose by written agreement. The tribunal decides mainly on written pleadings and documents and must make the award within six months from the date it enters upon the reference.

Can parties choose fast track after the tribunal is appointed?

Section 29B allows the agreement at any stage either before or at the time of appointment of the arbitral tribunal. The text does not mention a later stage, so do not claim it as a right in your answer.

What happens if the award is not made within six months in a fast track case?

Sub-sections (3) to (9) of Section 29A then apply to the proceedings. Learn that section alongside this one so you can explain the consequences of delay.

Does the arbitrator get fixed fees in fast track arbitration?

No. Section 29B says the fees and the manner of payment are what the arbitrator and the parties agree. The Act does not fix a scale in this section.

Is the seat of arbitration the place where an online hearing is held?

Not automatically. Section 20 lets the parties agree the place, and failing that the tribunal decides. The tribunal may hold hearings or consultations at other places unless the parties agree otherwise.