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

In a fast track arbitration between Kaveri Textiles and Anand Logistics, neither party asks for an oral hearing. The sole arbitrator feels the pleadings leave one technical issue unclear. What may the arbitrator do under Section 29B?

The arbitrator may hold an oral hearing. Section 29B(3)(c) allows an oral hearing if all parties request it or if the tribunal itself considers it necessary to clarify certain issues. The default is a decision on written pleadings, but the tribunal's own power to order a hearing remains.

  1. AHold an oral hearing if the tribunal considers it necessary to clarify certain issuesCorrect
  2. BNot hold any hearing unless both parties request it, even if clarity is needed
  3. CConvert the case to ordinary arbitration automatically
  4. DRefer the issue to the court for a hearing

Explanation

Under Section 29B(3)(c), an oral hearing may be held if all parties request it or if the tribunal considers it necessary for clarifying certain issues. The arbitrator can also call for further information under (3)(b). The option restricting hearings to joint requests ignores the tribunal's own power.

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