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CS Professional · Arbitration, Mediation and Conciliation · Emerging Aspects: Fast Track and Virtual Arbitration

Ganga Foods Ltd and Neel Exports Pvt Ltd opt for fast track arbitration with a sole arbitrator. Neel Exports asks for an oral hearing, but Ganga Foods does not. The arbitrator thinks the written record is clear and no clarification is needed. Which view is correct under section 29B?

A hearing is not required here. Under fast track procedure an oral hearing may be held only if all parties request it or the tribunal considers it necessary to clarify issues. One party's request alone is not enough, and the tribunal saw no need.

  1. AA hearing must be held because any one party's request suffices
  2. BA hearing must be held because the arbitrator has no discretion
  3. CNo hearing may ever be held in fast track arbitration
  4. DA hearing is not mandated by this request alone, since it is held only if all parties request it or the tribunal considers it necessaryCorrect

Explanation

Under section 29B(3)(c) an oral hearing may be held only if all the parties make a request or the tribunal considers it necessary. Only one party asked, and the tribunal sees no need, so no hearing is required. It is wrong to say hearings are barred entirely.

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