Section 17: Procedure to be Adopted by Arbitrators

1) The procedure to be adopted by the arbitrator while taking a decision on a dispute shall be as mentioned in the agreement, and in case no such procedure has been mentioned in the agreement, it shall be as laid down in this Act.

Provided that the procedure not laid down in the Act shall be as prescribed by the arbitrator with the consent of the parties, and in case the parties fail to reach an agreement in that connection, it shall be as prescribed by the arbitrator him/herself.

2) The arbitrator shall start arbitration proceedings immediately after receiving all such claims, objections, counter-claims or rejoinders as need to be received by him/her.

3) The arbitrator must inform the parties about the type of proceedings to be held and the day and time fixed for the purpose and also keep records thereof in the concerned case file.

4) In respect to a dispute which has been referred to three or more arbitrators, the arbitrators who are present may conduct all arbitration proceedings other than taking the final decision or issuing the final order.

5) The arbitrator may continue arbitration proceedings and pronounce his/her decision on the basis of the available evidence even if any party does not present itself on the day and at the time of arbitration proceedings after receiving a notice pursuant to sub-section (3).

6) After the completion of the hearing process, the arbitrator shall issue an order stating that the hearing has concluded and keeping a record thereof in the case file. No evidence may be examined, and neither may the parties be heard thereafter.

7) Notwithstanding otherwise claimant in the agreement, the arbitrator must read out his/her written decision within 30 days from the date of issue of an order pursuant to sub-section (6).