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

Under a fast track agreement, Orion Infra Ltd and Deccan Steels Ltd file their pleadings and documents. Neither party asks for an oral hearing, and the sole arbitrator feels the written record is unclear on one technical issue. What is the arbitrator's correct course under Section 29B(3)?

The arbitrator may call for further information or clarification from the parties and may hold an oral hearing if considered necessary to clarify certain issues. Under Section 29B(3), the default is a written decision, but these powers remain available.

  1. AHold an oral hearing only if the arbitrator considers it necessary to clarify certain issues, or call for further information or clarification from the partiesCorrect
  2. BConvert the proceedings to ordinary arbitration because an oral hearing is mandatory
  3. CDecide strictly on the record without seeking anything further, as no further information may be called for
  4. DHold an oral hearing only if the Court directs it

Explanation

Section 29B(3)(b) empowers the tribunal to call for further information or clarification, and 29B(3)(c) permits an oral hearing if all parties request it or the tribunal considers it necessary to clarify certain issues. Option C ignores the power to call for information. Oral hearing does not need Court direction.

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