CS Professional · Arbitration, Mediation and Conciliation · Arbitration under Investors' Grievances Redressal Mechanism of Stock Exchanges
Under a fast track agreement, the sole arbitrator in a broker-client dispute entered upon the reference on 1 March. No award has been made by 1 October of the same year. What is the consequence under section 29B?
The six-month period for a fast track award, counted from when the tribunal entered upon the reference, ended on 1 September. Because no award was made, sub-sections (3) to (9) of section 29A apply to the proceedings. The proceedings do not simply lapse.
- AThe proceedings terminate automatically and the agreement lapses
- BThe award period of six months has expired, and sub-sections (3) to (9) of section 29A apply to the proceedingsCorrect
- CThe tribunal may continue indefinitely without any consequence
- DThe parties must restart with a new arbitrator under section 13
Explanation
Section 29B(4) requires the award within six months from the date the tribunal enters upon the reference, so the period ended on 1 September. Under 29B(5), if it is missed, sub-sections (3) to (9) of section 29A apply. The proceedings do not lapse automatically, and section 13 concerns challenges, not delay.
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