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.</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.</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.</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.</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.</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.</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.</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</p> Signup and view all the answers

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