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

Parties to a domestic dispute agree in writing, before the tribunal is constituted, to the fast track procedure with a sole arbitrator chosen by them. The tribunal enters upon the reference on 1 January. By which date should the award ordinarily be made, and what follows if it is not?

The award should be made within six months from when the tribunal enters upon the reference, so by 30 June. If it is not, the provisions of section 29A sub-sections (3) to (9) apply to the proceedings, rather than automatic termination.

  1. ABy 30 June of that year; sections 29A(3) to (9) then applyCorrect
  2. BBy 31 March of that year; the proceedings terminate automatically
  3. CBy 30 June of that year; the award is void
  4. DBy 31 December of that year; no further provision applies

Explanation

Under section 29B(4), the award must be made within six months from the date the tribunal enters upon the reference, so by 30 June. If not, sub-sections (3) to (9) of section 29A apply to the proceedings. Termination or voidness is not provided.

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