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CS Professional · Arbitration, Mediation and Conciliation · Arbitration under Investors' Grievances Redressal Mechanism of Stock Exchanges

Anita's broker defaulted on a trade settlement and the dispute is before an arbitral tribunal. The tribunal wants to hear a witness who lives in another city, and the parties have not agreed otherwise. Which statement is correct under section 20?

The tribunal may meet at any place it considers appropriate to hear witnesses, unless the parties have agreed otherwise. This power applies even where the place of arbitration has been fixed by agreement or by the tribunal, and it needs no court permission.

  1. AThe tribunal may meet at any place it considers appropriate for hearing witnesses, even though the place of arbitration is already fixedCorrect
  2. BThe tribunal may hear witnesses only at the agreed place of arbitration
  3. CThe tribunal needs the court's permission to meet elsewhere
  4. DThe tribunal must hold the hearing at the witness's residence

Explanation

Section 20(3) states that, notwithstanding sub-sections (1) and (2), and unless the parties have otherwise agreed, the tribunal may meet at any place it considers appropriate for consultation among members, hearing witnesses, experts or parties, or inspecting documents. No court permission is required.

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