Q: What is fast track arbitration ?
Ans: The Arbitration & Conciliation Amendment Act Of 2015 brought with it a new provision that dealt with the concept of Fast Track Arbitration. Fast Track Arbitration is the process in arbitration whereby the arbitration procedure is mandated to be wrapped up within six months.
Section 29B limits the preceding time for fast track arbitration to a period of six months. Among the other kinds of arbitration, this is the most efficient way of dispute resolution through arbitration. The things are usually summed up in documents to speed up things in arbitration.
The
lack of importance given to oral proceedings in favour of written
submissions not only fastens the process of arbitration but also ensures
maximum clarity of subject matter between the parties and the
arbitrator.
Expert determination: Expert determination has a great role in fast track Arbitration.
Expert determination is a private process involving an independent technical expert.
They make a binding decision on technical rather than legal issues and have the power to ask questions of the parties before rendering their decision.
Unlike mediation, the expert's determination is legally binding. This provides certainty for all parties and allows everyone involved to move on from the dispute.
The expert will be a person with specialist or technical knowledge relevant to the dispute. His experience and professional knowledge are expected to help solve the dispute since legal arbitrators or the arbitral tribunal are often unable to resolve technical issues even with the help of expert witnesses. Unlike arbitration, not all of the evidence an expert considers must be presented at a hearing in the presence of the parties.
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