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

Dutta Cement and Iyer Traders have a three-member tribunal, and the arbitration agreement is silent on how decisions are to be taken. At a hearing, two members favour one view and the third dissents. What is the position under the Act?

The view of the two members prevails. Section 29(1) provides that, unless the parties have agreed otherwise, any decision of a tribunal with more than one arbitrator is made by a majority of all its members.

  1. AThe presiding arbitrator's view prevails
  2. BThe decision requires unanimity
  3. CThe decision of the majority of all members is the tribunal's decisionCorrect
  4. DThe matter must be referred to the Court

Explanation

Section 29(1) provides that unless the parties agree otherwise, any decision of the tribunal with more than one arbitrator is made by a majority of all its members. Two of three is a majority. The presiding arbitrator alone can decide only procedural questions, and only if authorised under Section 29(2).

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