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

Meera Pharma and Zenith Distributors agreed to fast track arbitration. The tribunal entered upon the reference in January but no award was made within the six-month period. Which statement is correct under Section 29B?

Sub-sections (3) to (9) of Section 29A apply to the proceedings. Section 29B(5) provides this where the award is not made within six months of the tribunal entering upon the reference, so the extension and delay consequences of Section 29A govern, not automatic voidness.

  1. AThe mandate ends automatically and the proceedings stand void
  2. BSub-sections (3) to (9) of Section 29A apply to the proceedingsCorrect
  3. CThe tribunal may extend time on its own without any limit
  4. DThe parties must restart the arbitration with a new tribunal under Section 29B

Explanation

Section 29B(5) states that if the award is not made within the period in sub-section (4), sub-sections (3) to (9) of Section 29A apply. Those provisions deal with extension and consequences of delay. The idea of automatic voidness or unlimited self-extension finds no support in the text.

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