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

Under a fast track agreement, Gupta Foods Ltd wants an oral hearing but Bhatia Logistics objects, and the sole arbitrator sees no need for one. What is the position?

No oral hearing need be held. In fast track arbitration a hearing is allowed only if all parties request it or the tribunal thinks it necessary to clarify issues. Here only one party asked and the arbitrator sees no need, so the matter is decided on documents.

  1. AA hearing must be held because one party asked for it
  2. BA hearing may be held only if all parties request it or the tribunal considers it necessary to clarify certain issues; here neither condition is metCorrect
  3. CA hearing must be held because the claimant is a company
  4. DA hearing is barred absolutely in fast track

Explanation

An oral hearing can be held only if all the parties make a request or the tribunal considers it necessary for clarifying issues. A request by only one party does not qualify, and the tribunal sees no need. The last option is wrong because hearings are permitted in those two cases.

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