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

Rohan Traders and Sundaram Metals have an arbitration agreement. After a dispute arises, but before any arbitrator is appointed, both parties sign a written agreement to resolve it by the fast track procedure. Is this valid under Section 29B?

Yes. Section 29B(1) permits the parties to agree in writing to the fast track procedure at any stage before or at the time of appointing the arbitral tribunal. A post-dispute written agreement made before appointment is therefore valid, and no court order or pre-dispute clause is needed.

  1. AYes, parties may agree in writing to fast track procedure at any stage before or at the time of appointment of the tribunalCorrect
  2. BNo, fast track can be chosen only in the original arbitration agreement signed before the dispute
  3. CNo, fast track requires an order of the court
  4. DYes, but only if the agreement is oral and recorded by the tribunal later

Explanation

Section 29B(1) lets parties agree in writing, at any stage either before or at the time of appointment of the tribunal, to fast track procedure. Agreeing after the dispute but before appointment fits this. The option requiring a pre-dispute clause adds a condition the section does not contain.

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