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CS Professional · Arbitration, Mediation and Conciliation · Arbitral Proceedings, Pleadings and Evidence

During arbitration between Gupta Agro Ltd and Nair Foods Ltd, the tribunal receives an expert's valuation report from the claimant. The tribunal intends to rely on it in its decision. Which course accords with Section 24(3)?

The expert report must be communicated to the other party. Section 24(3) requires that all documents supplied by one party be shared with the other, and that any expert report or evidentiary document the tribunal may rely on in its decision be communicated to the parties.

  1. AKeep the report confidential, since only the tribunal needs to read it
  2. BCommunicate the expert report to the other party, as any evidentiary document the tribunal may rely on must be communicated to the partiesCorrect
  3. CCommunicate it only if the respondent applies to the Court
  4. DCommunicate it only after the award is made

Explanation

Section 24(3) requires that statements, documents or information supplied by one party be communicated to the other, and that any expert report or evidentiary document on which the tribunal may rely in its decision be communicated to the parties. Withholding it, or disclosing it only after the award, would defeat the opportunity to respond.

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