Report No. 176
"The Fourth Schedule
Fast Track Arbitration
[See Part I, Chapter XI ]
Constitution of Fast Track Arbitral Tribunal
1. (1) For the purposes of Fast Track Arbitrations under sub-section (1) of section 43 A, the Fast Track Arbitral Tribunal shall be deemed to be constituted with effect from the date on which the parties after obtaining the consent of the sole arbitrator , agree in writing that the sole arbitrator shall be the Fast Track Arbitral Tribunal under subsection (1) of section 43A.
(2) Parties shall communicate the said agreement to the sole arbitrator on the same day.
Procedure to apply from date of constitution of Fast Track Arbitral Tribunal
2. The procedure specified in this Schedule shall, with effect from the date of the constitution of the Fast Track Arbitral Tribunal, apply to all Fast Track Arbitrations under sub-section (1) of section 43 A.
3. (1) Within fifteen days of the constitution of the Fast Track Arbitral Tribunal, the person who has raised the dispute (hereinafter referred to as the claimant) shall send simultaneously to the tribunal and the opposite parties (hereinafter referred to as the respondents)-
(a) a claim statement containing the facts, the points in issue and the relief claimed;
(b) documentary evidence, if any, in support of his case;
(c) where reliance is placed on the testimony of any witness (including that of a party) a copy of the witness's affidavit in writing;
(d) where reliance is placed on the opinion of an expert, the particulars relating to that expert, his qualifications and experience, and a copy of his opinion;
(e) list of interrogatories, if any;
(f) application for discovery or production of documents, if any, mentioning their relevancy;
(g) full address, including e-mail or fax, telephone numbers, if any, of all claimants and of all the parties, for the purpose of expediting communication and correspondence;
(h) any other material considered relevant by the applicant;
(2) The respondent shall, within fifteen days after receipt of the claim statement and the documents referred to in sub-paragraph (1), simultaneously send to the Fast Track Arbitral Tribunal as well as to the claimant, his defence statement, together with documentary evidence, witness testimony by affidavit (including that of a party) and expert opinion, if any, in support thereof, together with counter claims, if any, supported by documents.
(3) The procedure specified in this Schedule shall apply to such counter claims as they apply to a claim.
(4) Within fifteen days of the receipt of the defence statement or of the counter claims, the claimant shall send to the Fast Track Arbitral Tribunal and to the respondents his rejoinder and statement of defence to the counter claim.
(5) Within fifteen days of the receipt of the defence statement to the counter claim, the respondent shall simultaneously send his rejoinder to the said statement, to the Fast Track Arbitral Tribunal as well as to the claimant.
(6) In case discovery or production of documents is allowed, the parties shall be permitted to submit their supplementary statements, if any, to the Fast Track Arbitral Tribunal within a specified period and to simultaneously send copies thereof to each other.
(7) The Fast Track Arbitral Tribunal shall decide the disputes on the basis of the pleadings and documents, affidavits of evidence, expert opinion, if any, and the written submission filed by the parties.
(8) The Fast Track Arbitral Tribunal may permit any witness to be orally questioned and lay down the manner in which evidence shall be recorded or for receiving affidavits in lieu of oral evidence.
(9) The Fast Track Arbitral Tribunal may otherwise permit oral evidence to be adduced, if it considers that any request for oral evidence by any party is justified or where the Fast Track Arbitral Tribunal itself considers that such oral evidence is necessary.
(10) The Fast Track Arbitral Tribunal may, in addition, call for any further information or clarification from the parties in addition to the pleadings, documents and evidence placed before it.
Representation by Counsel
4. The Fast Track Arbitral Tribunal shall permit the parties to appear and conduct the case personally or through their counsel or by any person duly authorized by the parties to represent them.
Written notes of arguments or oral arguments
5. After the conclusion of the evidence, the Fast Track Arbitral Tribunal may direct all the parties to file their written notes of argument or may, at its discretion, in addition permit oral arguments and shall fix a time schedule therefor and may also restrict the length of oral arguments.
Conduct of proceedings
6. (1) The Fast Track Arbitral Tribunal shall conduct its proceedings in such a manner that the arbitration proceedings are, as far as possible, taken up day after day, at least continuously for three days on each occasion.
(2) The Fast Track Arbitral Tribunal shall ordinarily fix the time schedule in such a manner, so that the proceedings may be conducted continuously from 10.30 A.M. to 1 P.M. and 2 p.m. to 4.30 p.m. every day.