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

Sundaram Textiles Ltd and Kaveri Dyes Pvt Ltd have an arbitration clause for a supply dispute. Before the tribunal is appointed, they sign a written agreement that the dispute will be resolved by the fast track procedure. Under the Act, which statement is correct about how the tribunal must decide the dispute?

Under fast track procedure the tribunal decides on written pleadings, documents and submissions without an oral hearing. An oral hearing is held only if all parties request it or the tribunal considers it necessary to clarify certain issues.

  1. AIt must hold oral hearings on every day of the proceedings
  2. BIt decides on written pleadings, documents and submissions without any oral hearing, unless a hearing is requested by all parties or the tribunal considers one necessaryCorrect
  3. CIt can decide only after both parties examine witnesses in open court
  4. DIt must decide only after the Court approves the written record

Explanation

Section 29B(3)(a) requires a decision on written pleadings, documents and submissions without oral hearing. Under clause (c) a hearing is held only if all parties request it or the tribunal considers it necessary. The option requiring daily hearings reverses the default rule.

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