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CS Professional · Arbitration, Mediation and Conciliation · Arbitration Procedure, Appointment of an Arbitrator and Other Aspects

Nair Logistics and Iyer Traders agree in writing, before the tribunal is appointed, to fast track arbitration under section 29B. Which statement about the procedure is correct?

Under fast track procedure the tribunal decides on written pleadings, documents and submissions without an oral hearing. A hearing is held only if all parties ask for it or the tribunal considers it necessary to clarify issues. The award is due within six months.

  1. AThe tribunal decides on written pleadings and documents without oral hearing, unless all parties request one or the tribunal considers it necessaryCorrect
  2. BAn oral hearing must always be held for each party
  3. CThe award must be made within twelve months of the tribunal entering upon the reference
  4. DThe arbitrator's fees are fixed by the Fourth Schedule only

Explanation

Section 29B(3)(a) and (c) require a decision on written material without oral hearing, with a hearing only if all parties request it or the tribunal thinks it necessary. The award period is six months, and fees are as agreed between the arbitrator and parties.

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