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

In a fast track arbitration between Mehta Infra Ltd and Rao Steels, neither party asks for an oral hearing. The sole arbitrator finds one invoice unclear. What is the arbitrator entitled to do?

The arbitrator may call for further information or clarification from the parties beyond the pleadings and documents already filed. Fast track proceedings are decided on written material without an oral hearing, so a hearing is not compulsory just because a document is unclear.

  1. AHold a full oral hearing with all formalities, since a hearing is mandatory
  2. BCall for further information or clarification from the parties in addition to the pleadings and documentsCorrect
  3. CRefuse to decide until the court clarifies the invoice
  4. DDecide only on the claimant's documents and ignore the respondent's

Explanation

Under the fast track procedure the tribunal decides on written pleadings, documents and submissions without oral hearing, and has the power to call for further information or clarification. An oral hearing is not mandatory.

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