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

Sunrise Textiles Pvt Ltd and Kaveri Dyes Ltd have an arbitration clause. After a payment dispute arises, but before any arbitrator is appointed, both parties sign a written agreement to resolve the dispute by the fast track procedure. Is this agreement permissible under Section 29B?

The agreement is permissible. Section 29B(1) lets parties agree in writing to the fast track procedure at any stage before or at the time of appointing the tribunal. It need not be in the original clause, and no Court permission is needed.

  1. ANo, because fast track can be agreed only in the original arbitration clause
  2. BYes, because parties may agree in writing at any stage before or at the time of appointment of the tribunalCorrect
  3. CNo, because it can be agreed only after the tribunal is constituted
  4. DYes, but only with the permission of the Court

Explanation

Section 29B(1) allows parties to agree in writing, at any stage either before or at the time of appointment of the arbitral tribunal, to use the fast track procedure. The agreement need not be in the original clause, and no Court permission is required. Hence the agreement signed before appointment is valid.

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