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

Under a fast track agreement between Nilgiri Tea Estates and Sahyadri Traders, the sole arbitrator enters upon the reference on 1 March. The award is not made by 31 August. What follows under section 29B?

Sub-sections (3) to (9) of section 29A apply. Section 29B(4) requires the fast track award within six months of the tribunal entering upon the reference, and section 29B(5) states that on delay those provisions of section 29A govern, rather than automatic termination or a restart.

  1. AThe proceedings terminate automatically and the agreement is discharged
  2. BThe provisions of sub-sections (3) to (9) of section 29A apply to the proceedingsCorrect
  3. CThe parties must restart the arbitration as a regular one
  4. DThe arbitrator's fees become payable in full regardless of the delay

Explanation

Section 29B(4) requires the award within six months from the date the tribunal enters upon the reference. Under 29B(5), if it is not made in time, sub-sections (3) to (9) of section 29A apply. Termination is not automatic, and the section does not say the proceedings must restart.

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