In short. Fast track arbitration is a procedure under Section 29B of the Arbitration and Conciliation Act, 1996. Both sides agree in writing that the dispute will be decided on written pleadings and documents, usually by one arbitrator, and the award has to come within six months of the tribunal entering upon the reference. No oral hearing, unless both sides want one or the arbitrator needs it. It's a good fit for money claims that live on paper. You have to agree to it before or when the tribunal is appointed, so check your contract now, or propose it in your notice.
Is this your situation?
- Your whole claim is in a file of invoices, one signed contract and a stack of emails. The buyer hasn't really disputed any of it.
- Someone at a trade body dinner told you arbitration in India takes five years. You want to know if there's a quicker way.
- Clause 18 of your contract says "fast track under Section 29B" and nobody in the office knows what that actually commits you to.
- Your lawyer is drafting the notice invoking arbitration, and you're wondering whether to propose a paper-only procedure in it.
- It's not a huge sum. A full-dress arbitration, with sittings and a stenographer, would eat a big slice of it.
- You're negotiating a new vendor contract and want small claims sorted quickly, without a two-year fight.
- Five months have gone in your fast track case. No award yet, and you're watching the calendar.
What is fast track arbitration, in plain words?
It's an arbitration decided on paper, inside a fixed time, because both sides signed up for that. Section 29B came into the Arbitration and Conciliation Act, 1996 through the 2015 amendment, with effect from 23 October 2015. It lets the parties pick, in writing, a procedure where the tribunal decides on the pleadings, documents and written submissions. No affidavits of evidence. No cross-examination. No long oral arguments.
The arbitrator has to make the award within six months from the day the tribunal enters upon the reference. Late award? Then the extension and fee-cut rules in Section 29A kick in. The parties can also agree that a sole arbitrator of their choosing will decide it, which keeps fees and dates simple.
It isn't a separate forum, and there's no special institution behind it. The arbitrator is an ordinary arbitrator and the award is an ordinary award, challenged and enforced the same way. Only the procedure changes. And frankly, it's the procedure that eats the time in most Indian arbitrations.
What does Section 29B actually say?
Section 29B(1), Arbitration and Conciliation Act, 1996
Whatever else the Act says, the parties may, at any stage before the arbitral tribunal is appointed or at the time of appointment, agree in writing to have their dispute decided by the fast track procedure in sub-section (3).
Section 29B(2)
When they agree to fast track, they can also agree that the tribunal will be a sole arbitrator they pick.
Section 29B(3)
The tribunal decides on the written pleadings, documents and submissions, with no oral hearing. It can ask for more information or clarification. It holds an oral hearing only if all the parties ask for one, or if it thinks a hearing is needed to clear up particular issues. At that hearing it can skip technical formalities and follow whatever procedure gets the case disposed of quickly.
Section 29B(4) and (5)
The award has to be made within six months from the date the tribunal enters upon the reference. If it isn't, sub-sections (3) to (9) of Section 29A apply. So there's extension by consent, extension by the court, a possible cut in fees and possibly a new arbitrator.
Section 29B(6)
Fees, and how they're paid, are whatever the arbitrator and the parties agree.
Section 29A, for comparison
In an ordinary domestic arbitration, the award is due within twelve months of pleadings being complete. The parties can add six months by consent, and after that only the court can extend. Our post on how long arbitration takes under Section 29A walks through that timeline.
When must the parties agree to the fast track procedure?
Before the tribunal is appointed, or at the moment of appointment. That's the window Section 29B(1) gives you. The agreement can sit in the original contract as part of the arbitration clause. It can be a separate written agreement signed once the dispute starts. Or it can be an exchange of letters or emails showing both sides said yes. Section 7 of the Act treats an exchange of emails as a written agreement, and the same reasoning works here.
Once the tribunal is in place, the statutory route under Section 29B is, strictly, shut. You can still agree on something very like it. Section 19 lets the parties shape the procedure, and Section 24 lets them agree to go ahead without oral hearings. What you lose is the six-month statutory deadline, unless you settle a timetable with the arbitrator directly.
Nobody can force fast track on the other side. If your contract says nothing about it, the only way in is to propose it, usually in the notice invoking arbitration, and get the other side's consent in writing. We'd put it in as one short paragraph. Our post on invoking an arbitration clause with a Section 21 notice covers how to frame the rest of that notice.
When does the six-month clock start, and what if the award is late?
Section 29B(4) counts six months from the date the arbitral tribunal enters upon the reference. That's generally taken to be the day the arbitrator, or the last of the arbitrators, gets written notice of the appointment. Compare the ordinary twelve-month period in Section 29A, which since 2019 runs from completion of pleadings. The fast track clock starts right at the beginning. So pleadings, documents and written submissions all have to fit inside those six months.
Miss it, and Section 29A(3) to (9) take over. The parties can agree to extend by up to six months. Beyond that, only the court can extend, on a party's application showing sufficient cause, and the court can attach conditions. Where the tribunal caused the delay, the court may cut the arbitrator's fees by up to five percent for each month of delay, after hearing the arbitrator. It can also replace the arbitrator. The new tribunal picks up from wherever things stood.
A missed deadline doesn't kill the case on its own, as long as someone acts. In Rohan Builders (India) Pvt Ltd v. Berger Paints India Ltd (2024), the Supreme Court held that an application to extend the arbitrator's mandate under Section 29A can be filed even after the period has run out. Still, apply before expiry if you can. Arguments about what happened in the gap only slow things down.
Which disputes suit a documents-only procedure, and which do not?
Fast track works when the facts are on paper and mostly not in dispute. Goods delivered and accepted, invoice unpaid. Licence or subscription fees under a software contract with usage logs. A security deposit not returned when the lease ended. What a price-escalation formula or a termination clause means. Interest on payments that came late. In each, the tribunal can read the contract, invoices, ledger and emails, and decide.
It goes badly where the result hangs on which witness the tribunal believes. Fraud or misrepresentation. Quality fights that need inspection and testing. Construction delay claims with rival programmes. Arguments over what was said at a meeting nobody minuted. All of these need cross-examination. Squeeze one into a paper procedure and you risk an award the losing side says was made without hearing it. That's fertile ground for a challenge.
The type of dispute matters more than its size. A Rs 3 crore claim on admitted invoices can suit fast track perfectly. A Rs 25 lakh claim resting on an oral promise may not. Ask yourself one thing. Could a careful reader decide this from the documents alone? If so, propose it.
How a fast track arbitration runs, step by step
The usual order of things in an ad hoc fast track case with one arbitrator. If an institution runs it, its rules may add steps.
Pin down the written agreement
Check the arbitration clause, or get the other side's written consent before anyone is appointed. The agreement should mention Section 29B and the number of arbitrators, and ideally the fee arrangement too.
Appoint the sole arbitrator
Agree on a name. Neither side can appoint on its own. The Supreme Court has held such appointments invalid, as our post on one-sided arbitrator appointments explains. If you can't agree, the High Court can appoint under Section 11. The six months start once the arbitrator receives notice of appointment.
First directions
The arbitrator sets a tight timetable, with dates for the statement of claim, the defence and any counterclaim, a reply, and written submissions. Fees under Section 29B(6) get agreed now.
File the claim with everything in it
The statement of claim goes in with every document, a certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 for electronic records, and a clear working of the amount and interest. There's no later stage to plug gaps. What you file is what gets read.
Defence, counterclaim, reply
The respondent files its defence and any counterclaim, with its documents. The claimant replies. The arbitrator may ask either side to clarify something or produce more papers.
Written submissions, and a hearing only if needed
Both sides file written arguments. An oral hearing happens only if both ask or the arbitrator needs one on specific issues. It's usually short.
Award within six months
The arbitrator signs and delivers the award. From the day you receive it, the three-month window for a Section 34 challenge starts running.
Fast track, regular arbitration or a court case: time and costs compared
| Route | Usual time to a decision, as a range | Main costs (no lawyer fees shown) |
|---|---|---|
| Fast track arbitration under Section 29B | Six months from the arbitrator entering upon the reference, plus any extension | The sole arbitrator's agreed fee; no venue or stenographer bills in a paper-only case |
| Regular ad hoc arbitration | Up to six months for pleadings, then twelve months for the award, often extended; a year and a half to three years is common | Arbitrator fees per sitting, or under the Fourth Schedule where it applies; venue, transcription, experts |
| Institutional arbitration | Depends on the centre's rules and the case; many centres run their own expedited rules | Admin and arbitrator fees from the centre's published schedule; check the current one |
| Summary suit in a commercial court | Swings a lot depending on leave to defend; anything from several months to a few years | Ad valorem court fee under the state schedule; Section 12A mediation isn't needed where urgent relief is sought, otherwise it adds up to three to five months |
| MSME Facilitation Council (registered micro and small suppliers) | Conciliation, then arbitration; often takes longer than the 90 days Section 18 expects | No ad valorem court fee; check how your state's council works in practice |
Does a fast track award carry less weight than a regular one?
No. It's an arbitral award under the Act. It's enforceable like a decree under Section 36, and it can be challenged only on the grounds in Section 34. The usual limits apply. The court won't re-examine the merits, the deadline is three months plus up to 30 days, and filing a challenge doesn't automatically stop enforcement. The grounds are set out in our post on challenging an arbitral award under Section 34.
The procedural grounds need a word. If you agreed to a paper-only procedure, you'll struggle to argue later that you couldn't present your case just because there was no oral hearing. You can still complain if the arbitrator relied on material you never saw, ignored documents you filed on time, or refused a hearing both sides had asked for. So keep a record of every request you make to the tribunal and what happened to it.
The award must still give reasons, as Section 31(3) requires, unless the parties agreed otherwise or it's a consent award. Short is fine. But an award that never deals with the main defence is open to attack, whatever the procedure.
How do you write a fast track clause that actually works?
Lots of contracts mention fast track in one line and leave the rest to luck. A clause that works names Section 29B, provides for a sole arbitrator, and says who picks that arbitrator if the parties can't agree, an institution or the court. It fixes the seat, the language and the scope. For instance, all disputes up to a stated value, or every claim for invoiced amounts.
Think about what happens if the case outgrows the procedure. It does happen. When Advocate B.K. Singh drafts a fast track clause for a supplier, he usually puts in a value ceiling and a fallback. If a counterclaim pushes the total over the ceiling, or the arbitrator finds oral evidence can't be avoided, the case carries on under the regular procedure before the same arbitrator. Without that, a respondent can wreck the whole thing by filing an inflated counterclaim.
Page limits for pleadings and submissions help. So does a fixed fee or a fee cap, and short deadlines for each filing. All of it makes six months realistic for the arbitrator. The rest of the clause is covered in our post on drafting an arbitration clause for Indian contracts, and the money side in how much arbitration costs in India.
Documents to keep ready before opting for fast track
The agreement itself
- The signed contract, work order or purchase order that has the arbitration clause
- Any written fast track agreement, or the emails where both sides said yes to it
- Your notice invoking arbitration, and proof the other side got it
What proves the money is owed
- Invoices, delivery challans, e-way bills, GRNs or the client's sign-off on the service
- The customer ledger and a statement of account showing every payment and deduction
- Emails or letters where they admitted the dues, complained, or floated a settlement
- Depending on your trade, usage logs, timesheets, measurement books or certificates
What proves the papers are genuine
- Section 63 certificates under the Bharatiya Sakshya Adhiniyam, 2023 for emails, chats and electronic ledgers
- Translations of anything not in the language of the arbitration
- An interest sheet that shows the rate, the period and how you worked it out
How does a written-only arbitration change the way you prepare?
Everything goes in on day one. In a regular arbitration, a weak spot in the pleading can be patched through evidence, cross-examination or argument. In fast track, the tribunal reads what you filed and decides. Your statement of claim has to do the job an affidavit and a cross-examination would otherwise do. It must tell the story in date order, point to the bundle page that proves each fact, and see the defence coming.
In fast track matters, Advocate B.K. Singh tends to file the claim with a short written note of arguments already attached, rather than waiting for the submissions stage. He also gives the arbitrator a one-page chronology with page references. It's a little more work up front. An arbitrator racing a six-month deadline is glad to find things fast.
Respondents have to think the same way. A bare denial you'd planned to flesh out in cross-examination has nowhere to go here. Disputing quality? File the inspection report, the photos and the complaint emails with the defence. If you really need a witness heard, ask for an oral hearing early and say exactly which issue needs it.
How fast track plays out for different businesses
- Suppliers and manufacturers. It suits invoice claims where the buyer admits delivery. If you're a registered micro or small supplier, also look at the MSME Facilitation Council route, which carries interest at three times the bank rate.
- IT and service companies. Subscription, licence and milestone claims are usually logged and signed off online, which is exactly what a paper procedure likes.
- Landlords and tenants of commercial premises. Deposit refunds, rent arrears and lock-in claims under a written lease can often be decided from the lease and the bank entries.
- Contractors. A final bill backed by certified measurements can work well on fast track. Delay and disruption claims usually don't.
- Startups. Handy when cash flow matters more than a perfect record, so long as the arbitrator's fee is fixed in advance.
- Large companies. A fast track clause in vendor contracts clears small disputes quickly. Procurement should make sure it can't be used by a vendor to drag a complicated dispute into a six-month paper exercise.
Is fast track available at DIAC and other institutions?
Yes. Many institutions have their own expedited or fast track rules, which run alongside Section 29B. The Delhi International Arbitration Centre's 2023 rules have fast track provisions with their own conditions, explained in the commercial court site's guide on fast track arbitration at DIAC. Other Indian centres have similar provisions, and our post on institutional arbitration centres used in India describes the main ones.
Where a centre's rules apply, read them together with Section 29B. Usually the centre's fee schedule decides the arbitrator's fees, not a private deal. The rules may set their own value limits, or ask both sides to confirm in writing that they're giving up oral evidence. Check the centre's current rules before you file. They do change.
Why do so few contracts use Section 29B, and what are the risks?
In our experience, very few Indian commercial contracts mention Section 29B, and fewer disputes actually run under it. Partly that's habit. Arbitration clauses get copied from old precedents drafted before 2015. Partly it's caution. A lawyer drafting for a client who may one day be the respondent doesn't like giving up cross-examination in advance, because nobody knows yet what the dispute will look like.
The risks are real, and you should weigh them honestly. Since the six months run from the arbitrator's appointment, a respondent who stalls over agreeing a name can still drag out the time before the clock even starts, and only a clear appointment mechanism in the clause stops that. A respondent facing a strong paper claim may throw in a large counterclaim to make the case look wrong for a documents-only procedure. And an arbitrator who can't finish in six months needs the parties' consent or a court order to carry on.
That's one more step. Exactly what everyone hoped to avoid.
Then there's fairness on the facts. A claimant with a clean file gains a lot from an award in six months. A respondent with a real but undocumented defence, say an oral understanding reached in a meeting, loses the one tool that might have proved it. If you're the side likely to need witnesses, think twice before you sign up. None of this makes fast track a bad idea. It makes it a tool for one kind of dispute. Used for claims that genuinely turn on documents, with a sensible clause behind it, it gives you what the regular procedure often can't, a final, enforceable decision while the money still matters to your business.
A made-up example: a Noida software company and a chain of diagnostic labs
An invented case, just to show the timing. A Noida company licenses laboratory management software to a chain of six diagnostic labs in West Delhi. The contract provides for arbitration seated in New Delhi under Section 29B, before a sole arbitrator to be agreed or, if they can't agree, appointed by the court. After a row over a new reporting module, the lab chain stops paying. Rs 38 lakh in licence and support fees is left outstanding.
The vendor sends its notice in May 2026 and suggests two names. The labs accept one, and she receives notice of her appointment on 10 June 2026. Her timetable is tight. Claim in three weeks, defence and counterclaim three weeks after that, reply in two, written submissions by mid-October. The vendor files the contract, the invoices, monthly login and usage reports, and an email chain in which the labs' own IT head praised the module.
The labs counterclaim Rs 12 lakh as service credits for downtime, attaching their own outage log. The arbitrator asks for just one thing, a joint statement reconciling the two outage logs. Both sides then ask for a short oral hearing on that reconciliation. It takes ninety minutes on video. The award is signed in early December 2026, inside six months of the appointment, allowing most of the claim and part of the counterclaim. Whether anyone challenges it is another matter. But the dispute got decided in a fraction of the time a regular arbitration would have taken.
What to do this week if you are considering fast track arbitration
Pull out your arbitration clause and see whether it already provides for Section 29B. If it doesn't, and no tribunal has been appointed yet, ask yourself honestly whether the dispute could be decided on documents alone. If it could, put a fast track proposal into your notice invoking arbitration, with a sole arbitrator suggested by name. Then collect the documents listed above before the clock starts. Six months go fast once the arbitrator accepts. To see what the regular route demands by comparison, read our guide to preparing for an arbitration hearing.
Negotiating new contracts? Think about a fast track clause for claims up to a figure you choose, with a fallback for complicated cases. Where the claim rests on a written contract or an admitted debt, look at the court route too. The commercial court site explains the summary suit under Order XXXVII.
If you'd like your contract or claim papers checked to see whether fast track suits your dispute, or want to hear about changes to the Arbitration Act, Advocate B.K. Singh's team can be reached through the contact page.
Frequently asked questions
Can fast track arbitration have three arbitrators?
Section 29B(2) lets the parties agree on a sole arbitrator, but it doesn't ban a bigger tribunal. In practice it's nearly always one arbitrator. Getting three people to finish within six months is hard, and expensive.
Can I insist on fast track if the other side refuses?
No. Section 29B needs a written agreement from both sides. If your contract doesn't provide for it and the other side won't agree, the arbitration goes ahead under the regular procedure.
Does Section 29B apply to arbitrations started before October 2015?
Generally not. The 2015 amendment applies to arbitral proceedings that began on or after 23 October 2015, unless the parties agree otherwise.
Can the arbitrator in a fast track case grant interim relief?
Yes. Fast track doesn't take away the tribunal's power under Section 17 to order interim measures. Before the tribunal is formed, you can go to the court under Section 9.
Is there a minimum or maximum claim value for fast track arbitration?
Section 29B doesn't set one. Parties often put a limit in their clause, and some institutions have value limits in their expedited rules. Check whichever rules apply to you.
What happens if new facts come up that need witnesses?
The arbitrator can hold an oral hearing to clear up particular issues, and has to if all parties ask. If the dispute has genuinely outgrown the procedure, the parties can agree to switch to the regular one.
Can a fast track award be challenged for lack of oral hearing?
It's hard if you agreed to a paper-only procedure. You're on firmer ground if a hearing every party asked for was refused, or the arbitrator relied on material one side never saw.
Do I still need to pay court fees in fast track arbitration?
No ad valorem court fee is payable to start an arbitration. Court fees come in only if the award is later challenged or enforced in court.
Advocate B.K. Singh
Founder of B.K. Singh & Associates. MCA, LL.B., LL.M. More than twenty years in practice before the Supreme Court, the Delhi High Court, district and commercial courts in Delhi NCR, and tribunals.
This guide explains the law in general terms and is not legal advice. For advice on your own papers, contact the team.