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

Under a fast track agreement, the sole arbitrator in a dispute between Ganga Pharma Ltd and Narmada Distributors reviews the written pleadings and finds the invoices unclear. No oral hearing has been requested. Can he ask the parties for more material, and how should he proceed?

He may call for further information or clarification from the parties beyond the pleadings and documents, and still decide on the written record without an oral hearing. Under fast track procedure this power sits alongside the default of deciding on written material.

  1. AHe cannot; he must decide only on the pleadings filed
  2. BHe may call for further information or clarification from the parties in addition to the pleadings and documents, and decide without an oral hearingCorrect
  3. CHe must convene an oral hearing before asking anything
  4. DHe must refer the matter to the court for directions

Explanation

Section 29B(3)(a) requires decision on written pleadings, documents and submissions without oral hearing, and 29B(3)(b) empowers the tribunal to call for further information or clarification. So he can seek clarification in writing without holding a hearing. Option A ignores clause (b).

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