Standard Rules Applicable for Arbitrations
Following Rules of Arbitration is recommended for all
arbitrators associated with arbitration.in. This is in tune with
the recommended set of rules by international agencies including FICCI.
Where the members of arbitration.in have not indicated a
separate set of rules, the following rules is deemed to be acceptable to them.
Initiation of Proceedings
The person initiating the arbitration shall make an
application for arbitration together with relevant particulars to
The Registrar,
Arbitration.in,
Ujvala Consultants Private Limited
37, "Ujvala", 20th main,
B S K Stage I,
Bangalore 560050
indicating the member organization sought to be used for arbitration.
Such request should be accompanied by a Registration Fee of RS 1000/- and
should contain the following particulars in the minimum.
(a) Names in full of the parties to the
dispute and their addresses,
(b) Full details of the applicant's case, and
(c)
Original (or photostat copies) of the arbitration agreement and any contract or
agreement out of or in connection with which the dispute has arisen and such
other documents and information relevant or relied upon.
(d) E-Mail addresses of the parties to the dispute
(e) Copy of the Photo ID of the applicant (eg: Aadhar, DL,PAN)
Such request may be initiated either by one of the parties to the dispute or
by several or all parties to the dispute collectively.
Further Procedure
The registrar shall register the request and makes a
preliminary examination of the contract to determine if the arbitration clause
is provided for.
If so, registrar will confirm to the registrant the
registration request and draw his attention to the rules and fees payable for
the proceedings.
On completion of the formalities regarding the payment of
fees and acceptance of the rules applicable, the request will be taken up for
the "Notice Issue" proceedings.
Issue of Notice
Once the request for arbitration is registered and the
necessary Notice fee is received, notices will be issued to other
parties to the dispute to the fact that the request for arbitration has been
made and registered and seeking objections if any within 15 days of the date
of receipt of the notice or as otherwise provided.
If the other parties to the dispute accept the notice, then
the next step of appointing the arbitrators would be taken up.
In case the other parties to the dispute object to the
arbitration proceedings, the objection would be recorded and copies sent to
the registrant for filing of his response.
Further proceedings will continue based on the instructions
of the registrant and as per the provisions of the contract.
Appointment of Arbitrators
The Bench of
Arbitrators to decide a dispute under the Rules of Arbitration of the
Council will consist of one or more arbitrators.
Number of arbitrators to in the panel will be decided by
the terms of the agreement if provided or as the parties may agree to before
the commencement of the selection process.
Where the parties seek the assistance of the Registrar
regarding the selection of the arbitrators, a list of members who have the
necessary expertise will be provided from out of the persons registered with
arbitration.in. The parties may indicate their short listed choices to the
registrar and if any common candidates are available int he short list,
Registrar will chose such commonly accepted arbitrator.
In case of difficulty, the Registrar will mediate
in the selection of the arbitrator/s acceptable to all disputants and obtain
authentic confirmation of the choice. Simultaneously, the Registrar will
obtain the consent of the arbitrator/s also.
The arbitration proceedings are held at such place
or places in India as the Bench may determine having regard to the
convenience of the arbitrators and the parties.
If one or both the parties are from overseas, the
arbitration proceedings may also be held at any place outside India at the
discretion of the Bench.
Fees and Expenses
The fees, costs and
other expenses incidental to the reference and the award include apart from
the Registration fee payable by the applicant along with the application for
arbitration, the administrative fee and the arbitrator's fee prescribed under
the Rules, on lumpsum ad valorem basis related to the amount in dispute.
The costs of the reference and the award including charges, fees and the
expenses shall be determined by the Bench within the limits prescribed under
the Rules. The Bench, may direct to and by whom and in what manner and in what
proportion such charges, fees and other expenses shall be borne and paid.
International Arbitrators
In International
Arbitrations, as far as possible, the sole arbitrator or the chairman of the
bench of arbitrators, (where there are more than one arbitrators) is appointed
from among the nationals of the country other than those of either party to
the dispute and the Bench is required to state the reasons upon which the
award is based unless the parties have agreed that no reason need be given.
Small Claims Arbitrations
If the parties agree to in their agreement or any time
prior to the commencement of the arbitration proceedings, arbitrations for
disputes
where the value of the claim and counterclaim taken together in the disputes
does not exceed Rs. 50,000/- may be decided by a sole arbitrator on
the basis of the documents filed by the parties without oral hearings.
Recording of Proceedings
The Arbitration Bench in coordination with the registrar
shall cause the recordings of the arbitration and the award documented and
served on all relevant parties.
(These Rules are subject to modification and in any specific
arbitration, where a member has set his own rules, such rules prevail over the
above rules where there is a conflict.
P.S: All payments unless otherwise specified including the
fees for arbitrators are to be made either online or through DD in favour of
Ujvala Consultants Pvt Ltd payable at Bangalore. )
