CS Professional · Arbitration, Mediation and Conciliation · Emerging Aspects: Fast Track and Virtual Arbitration
A sole arbitrator enters upon the reference in a fast track arbitration on 1 March. No award is made by 1 September of the same year, and no extension has been obtained. Which statement is correct?
The six-month period has lapsed, so sub-sections (3) to (9) of section 29A apply to the proceedings. Fast track requires an award within six months of the tribunal entering upon the reference, and delay is handled through those provisions, not by automatic termination or voiding of the agreement.
- AThe arbitrator's mandate ends automatically with no further recourse
- BThe six-month period for the award has expired and provisions of sub-sections (3) to (9) of section 29A then apply to the proceedingsCorrect
- CThe fast track agreement is void and the fee must be refunded in full
- DA fresh fast track agreement is required before proceeding
Explanation
The award must be made within six months from the date the tribunal enters upon the reference. If not, sub-sections (3) to (9) of section 29A apply, which deal with extension and consequences of delay. The mandate does not end automatically under the fast track provision itself.
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