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

Under a fast track arbitration agreement between Bharat Steel Ltd and Gomti Engineering Ltd, the parties have agreed on a sole arbitrator, Mr Rao. Neither party asks for an oral hearing. Mr Rao feels the pleadings leave one technical point unclear. What is he permitted to do under section 29B?

He may call for further information or clarification under section 29B(3)(b), and may hold an oral hearing if he considers it necessary to clarify certain issues under section 29B(3)(c). A joint party request is not the only route to a hearing.

  1. ACall for further information or clarification from the parties and, if he considers it necessary, hold an oral hearing on that issueCorrect
  2. BDo nothing, since a fast track tribunal cannot go beyond the filed pleadings
  3. CHold an oral hearing only if both parties request it
  4. DConvert the proceedings into ordinary arbitration with a three-member tribunal

Explanation

Section 29B(3)(b) empowers the tribunal to call for further information or clarification, and (3)(c) allows an oral hearing if all parties request it or the tribunal considers it necessary for clarifying certain issues. Option C is wrong because the tribunal's own view of necessity also suffices.

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