11 Questions
What happens if one or all of the arbitrators are substituted during arbitral proceedings?
The arbitrator(s) are deemed to have received the evidence and material on record.
Under the fast track procedure, when can an oral hearing be held?
An oral hearing is only held if all parties request it or if the tribunal deems it necessary for clarifying certain issues.
What power does the arbitral tribunal have in calling for further information under the fast track procedure?
They have the power to call for any further information or clarification from the parties in addition to pleadings and documents filed by them.
In a fast track procedure arbitration, how is the dispute typically decided?
Primarily through written pleadings, documents, and submissions without an oral hearing.
What is one possible reason for holding an oral hearing in a fast track arbitration?
For clarifying certain issues if deemed necessary by the arbitral tribunal.
If parties opt for a fast track arbitration, how many arbitrators are typically chosen?
A sole arbitrator chosen by the parties mutually.
What is the general approach of an arbitral tribunal under fast track procedure regarding technical formalities?
They may dispense with technical formalities if an oral hearing is conducted and follow appropriate procedures for quick case resolution.
What must parties do to initiate a fast track procedure in arbitration?
Parties need to submit their request in writing before or at the time of appointing the arbitral tribunal.
What happens when parties decide to resolve their dispute using the fast track procedure?
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.
How does a reconstituted arbitral tribunal function according to Section 29B of the text?
The reconstituted tribunal continues from where the previously appointed tribunal left off based on existing evidence and material.
In a fast track arbitration, what triggers holding an oral hearing according to Section 29B?
Only if deemed necessary by the arbitral tribunal or upon request by all parties
Test your knowledge on the key features of the Arbitration Council of India Amendment Act 2019, including the establishment of an independent body, appointment of arbitrators, and time restrictions for arbitral tribunals. Stay updated on the recent changes in arbitration laws!
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