Oral hearings optional for Arbitral tribunal
Q. Which of the following statements is/are true?
1) In all the cases the arbitrary tribunal as per the Arbitration and Conciliation (Amendment) Act, 2015, has to have oral hearing.
2) The award of the tribunal is final and no court measures can be sought for interim relief in any case once the award is given.- Published on 14 Feb 16a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2
ANSWER: Neither 1 nor 2
- The arbitral tribunal is empowered to fast-track the procedure in certain cases and decide the dispute based on documents and submission without oral hearings within six months.
- Sec. 17 of the original Act has been strengthened. The amended Act now allows, rather empowers, an arbitral tribunal to pass interim orders. And, it has made it clear that the arbitral tribunal will have the same power for making orders, as the court has for the purpose of, and in relations to, any proceedings before it. Such orders should, however, reflect the orders of the court. This new provision will avoid costs, namely court fee and other expenses. Besides, it will also save undue delay.
- The courts are still empowered to grant interim relief either before the commencement of arbitration or even after the commencement if it is shown that an order from the arbitral tribunal was efficacious.
