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

In a fast track arbitration, Dev Constructions and Kiran Steels have filed written pleadings and documents. Neither has requested an oral hearing, but the sole arbitrator finds certain issues unclear. What may the arbitrator do?

The arbitrator may hold an oral hearing if he considers it necessary to clarify certain issues. Section 29B(3)(c) allows a hearing either on the request of all parties or on the tribunal's own view of necessity; the default is a decision on written material.

  1. AHold an oral hearing only if both parties later request it
  2. BHold an oral hearing if he considers it necessary to clarify certain issuesCorrect
  3. CNever hold an oral hearing, since fast track is strictly documentary
  4. DHold an oral hearing only with court permission

Explanation

Section 29B(3)(c) permits an oral hearing if all parties request it or if the tribunal considers it necessary to clarify certain issues. The arbitrator may also call for further information under 29B(3)(b). Court permission is not required.

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