Arbitration proceedings

Perumal Prabhu (Querist) 03 July 2009 This query is : Resolved
Sir/Mam

My Question is very simple. An Arbitral Tribunal has been constituted with three arbitrators. one of the arbitrators was absent for hearing. can the other two arbitrators proceed the hearing in the absence of the arbitrator?

Please Clarify

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Dr. Harrit Jani (Expert) 03 July 2009
Arbitration is not the direct court matter or the decission maker authorities, If the other present arbitrators are ready to take decission, it can be implemented. The arbitration again has its own limitations according to the case. If you can give me the case details I can suggest you better as I ahve been working for the International Arbitration Agency UK. drjani@arizonagroup.org

Murali Krishna (Expert) 04 July 2009
S.29 of A&C Act clarifies your query. Any decision by an arbitral tribunal shall be made by a majority of all its members. Hence, if there is consensus among the remaining majority members of arbitral tribunal, they can proceed. It is also advisable to refer S.15 (3) and (4) of the Act, which deals with termination of mandate and substitution of arbitrator.

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