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

The agreement between Anand Pharma Ltd and Bhatia Logistics Ltd fixes Hyderabad as the place of arbitration and is silent on where the tribunal may meet. The tribunal records the testimony of an expert witness over video link while sitting in Bengaluru. Which statement is correct?

The tribunal may meet at any place it considers appropriate for hearing witnesses, experts or parties, unless the parties agreed otherwise. Section 20(3) permits this without altering the agreed place of arbitration, so Hyderabad remains the place and the Bengaluru sitting is valid without special consent.

  1. AThe tribunal may meet at any place it considers appropriate to hear witnesses or experts unless the parties have agreed otherwise, and this does not change the place of arbitrationCorrect
  2. BThe hearing is invalid because the tribunal sat outside Hyderabad
  3. CThe place of arbitration automatically becomes Bengaluru
  4. DThe tribunal needs prior written consent of both parties to hear any witness outside Hyderabad

Explanation

Section 20(3) allows the tribunal, unless otherwise agreed, to meet at any place it considers appropriate for hearing witnesses, experts or parties. This is separate from the place of arbitration fixed under section 20(1), which stays Hyderabad. Hence the hearing is valid and no consent is required.

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