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CS Professional · Arbitration, Mediation and Conciliation · Arbitration Procedure, Appointment of an Arbitrator and Other Aspects

A domestic arbitration appointment application was served on the opposite party, Delta Realty, on 1 March. Which statement best reflects Section 11(13) on disposal?

The application must be disposed of as expeditiously as possible, with an endeavour to decide it within sixty days from service of notice on the opposite party. This is a target, not a limit that voids the application.

  1. AThe application must be decided within 60 days, failing which it is void
  2. BThe application shall be disposed of as expeditiously as possible, with an endeavour to dispose of it within sixty days from service of notice on the opposite partyCorrect
  3. CThe application may be decided only after one year
  4. DThe court must decide within 30 days under Section 11(4)

Explanation

Section 11(13) requires disposal as expeditiously as possible and an endeavour to dispose of within sixty days from service of notice. It is a directory target, not a rule voiding the application. The thirty-day periods in sub-sections (4) and (5) apply to party action before approaching the court.

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