Arbitration Council of India Amendment Act 2019
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Questions and Answers

What happens if one or all of the arbitrators are substituted during arbitral proceedings?

  • A new tribunal is appointed with no reference to the previous proceedings.
  • The arbitral proceedings start over from the beginning.
  • The arbitrator(s) are deemed to have received the evidence and material on record. (correct)
  • The parties must agree to terminate the proceedings.

Under the fast track procedure, when can an oral hearing be held?

  • An oral hearing is mandatory for all cases.
  • An oral hearing is optional but only if both parties agree unanimously.
  • An oral hearing is prohibited under the fast track procedure.
  • An oral hearing is only held if all parties request it or if the tribunal deems it necessary for clarifying certain issues. (correct)

What power does the arbitral tribunal have in calling for further information under the fast track procedure?

  • They can only rely on written pleadings and cannot ask for additional information.
  • They have the power to call for any further information or clarification from the parties in addition to pleadings and documents filed by them. (correct)
  • They can only ask for information if both parties agree to provide it.
  • They cannot request further information from the parties.

In a fast track procedure arbitration, how is the dispute typically decided?

<p>Primarily through written pleadings, documents, and submissions without an oral hearing. (C)</p> Signup and view all the answers

What is one possible reason for holding an oral hearing in a fast track arbitration?

<p>For clarifying certain issues if deemed necessary by the arbitral tribunal. (B)</p> Signup and view all the answers

If parties opt for a fast track arbitration, how many arbitrators are typically chosen?

<p>A sole arbitrator chosen by the parties mutually. (D)</p> Signup and view all the answers

What is the general approach of an arbitral tribunal under fast track procedure regarding technical formalities?

<p>They may dispense with technical formalities if an oral hearing is conducted and follow appropriate procedures for quick case resolution. (D)</p> Signup and view all the answers

What must parties do to initiate a fast track procedure in arbitration?

<p>Parties need to submit their request in writing before or at the time of appointing the arbitral tribunal. (C)</p> Signup and view all the answers

What happens when parties decide to resolve their dispute using the fast track procedure?

<p>The dispute is resolved through written pleadings, documents, and submissions without any oral hearing, unless requested by all parties or deemed necessary by the tribunal. (D)</p> Signup and view all the answers

How does a reconstituted arbitral tribunal function according to Section 29B of the text?

<p>The reconstituted tribunal continues from where the previously appointed tribunal left off based on existing evidence and material. (C)</p> Signup and view all the answers

In a fast track arbitration, what triggers holding an oral hearing according to Section 29B?

<p>Only if deemed necessary by the arbitral tribunal or upon request by all parties (B)</p> Signup and view all the answers

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