CS Professional · Arbitration, Mediation and Conciliation · Emerging Aspects: Fast Track and Virtual Arbitration
Parties to a fast track arbitration under section 29B agreed on Nagpur as the place of arbitration, and the sole arbitrator, sitting in Kochi, decides the dispute on written pleadings without any oral hearing. The award is signed and dated in Kochi. What does the Act say about where the award is deemed made?
The award is deemed made at Nagpur. Section 31(4) requires the award to state the place of arbitration determined under section 20 and deems the award made there. The arbitrator's signing location in Kochi, or where the copy is received, does not alter this, including in fast track proceedings.
- AAt Kochi, because the arbitrator signed it there
- BAt Nagpur, the place of arbitration determined under section 20, which the award must stateCorrect
- CAt the place where the respondent receives the signed copy
- DAt whichever place the arbitrator chooses to declare in the award
Explanation
Section 31(4) requires the award to state its date and the place of arbitration as determined under section 20, and the award is deemed made at that place. The place agreed is Nagpur, so the physical location of signing or receipt is irrelevant. The fast track procedure does not change this.
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