Full Text
5639 GI/202 3 (1) रजिस्ट्री सं. डी.एल.- 33004/99 REGD. No . D. L. -33004/99
EXTRAORDINARY
PART III—Section 4
PUBLISHED BY AUTHORITY
No. 624] NEW DELHI , FRIDAY, SEPTEMBER 1, 2023/ BHADRA 10, 1945
CG-DL-E-02092023-248516
(i) 25,00,000 तक 15,000
(ii) 25,00,000 से अजधक और 1,00,00,000 तक 25,000
(iii) 1,00,00,000 से अजधक और 5,00,00,000 तक 50,000
(iv) 5,00,00,000 से अजधक और 7,00,00,000 तक 75,000
(v) 7,00,00,000 से अजधक और 10, 00,00,000 तक 90,000
(vi) 10,00,00,000 से अजधक और 25,00,00,000 तक 1,00,000
(vii) 25,00,00,000 से अजधक 1,50,000
(i) 5,00,000 तक 45,000
%
1%
+ 0.75 %
48,62,500 + 0.50 %
(vii) 50,00,00,000 से अजधक 75,00,00,000 तक
+ 0.25 %
(viii) 75,00,00,000 से अजधक 100,00,00,000 तक
+ 0.10 %
87,37,500 + 0.03 %
(x) 200,00,00,000 से अजधक 91,00,000
(i) 50,000 तक 1,000
%
0.10 %
(vii) 5,000,000 से अजधक 15,000
(i) 50,000 तक 5,000
%
1.25 %
(vii) 5,000,000 से अजधक 10,000,000 तक
0.60 %
(viii) 10,000,000 से अजधक 50,000,000 तक
0.10 %
0.025 %
(x) 100,000,000 से अजधक 200,000
INDIA INTERNATIONAL ARBITRATION CENTRE
NOTIFICATION
New Delhi , the 3 1st Augu st, 2023
F. No. A -60011/96/2023 -Administration(AR) -IIAC. —In exercise of the powers conferred by sub- section
(2) of section 31 of the India International Arbitration Centre Act, 2019 (17 of 2019), the India International
Arbitration Centre with the previ ous approval of the Central Government, hereby makes the following regulations to
provide for the conduct of arbitration, namely: -
1. Short title and commencement. - (1) These regulations may be called the India International Arbitration
Centre (Conduct of Arbitration) Regulations, 2023.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions. - (1) In these regulations, unless the context otherwise requires, -
(a) “Act” means the India International Arbitration Centre A ct, 2019 (17 of 2019) ;
(b) “advisory panel” means a panel constituted by the Centre under regulation 9 for the purpose of advising the
Chairperson in relation to the appointment of arbitrator, other than an emergency arbitrator;
(c) “administration fee” means the administration fee specified in the Schedule;
(d) “Arbitral Tribunal” includes a sole arbitrator or all the arbitrators where more than one arbitrator is appointed;
(e) “arbitrator’s fee” means the arbitrator’s fee specified in the Schedule;
(f) “Arbitration Act” mean s the Arbitration and Conciliation Act, 1996 (26 of 1996);
(g) “award” includes an interim, partial, final or additional award;
(h) “Centre” means the India International Arbitration Centre , established and incorporated under section 3 of the
Act;
(i) “Chairperson” means the Chairperson of the Centre referred to in clause (a) of section 5 of the Act;
(j) “Chamber of Arbitration” means the Chamber of Arbitration as defined under section 28 of the Act;
(k) “Chief Execut ive Officer” means the Chief Executive Officer appointed under section 21 of the Act;
(l) “emergency arbitrator” means an arbitrator appointed pursuant to r e g u l a t i o n 18;
(m) “filing fee” means the filing fee specified in the Schedule;
(n) “Member” means a member of the Centre referred to in section 5 of the Act;
(o) “panel of arbitrators” means the panel of arbitrators maintained by the Centre;
(p) “practice directions” means the guidelines published by the Centre from time to time, to implemen t these
regulations;
(q) “Registrar” means the registrar of the Centre or any other person entrusted with the duties of the registrar;
(r) “Schedule” means the Schedule appended to these regulations;
(2) The words and expressions used herein and not defined but defined in the Act or in the Arbitration Act shall have
the meanings respectively assigned to them in those Acts.
3. Application. - Where parties have agreed to refer their dispute to the Centre for arbitration (whether before
or after a dispute has arisen) or where any Court directs that the arbitration be conducted between the parties under the
aegis of the Centre, the parties shall be deemed to have agreed that the arbitration is to be conducted or administered
by the Centre in accordance with the provisio ns of these regulations.
4. Request for arbitration. - (1) An a rbitration proceeding under these regulations shall commence, -
(a) when a party makes a request, preferably by uploading it on the portal provided on the website of the
Centre (www.indiaiac.org ), or by way of an e -mail to the Registrar, or by filing the physical copy of the
request with the Centre; or
(b) on receipt of a judgment, direction or order of any Court referring the parties to the Centre for arbitration.
(2) When a party makes a request for arbitrat ion with the Centre (hereinafter referred to as the claimant), the request
must contain or be accompanied by, -
(a) the order of the Court referring the parties to arbitration, in cases covered by clause (b) of sub -
regulation (1);
(b) the complete arbitration cla use or the separate arbitration agreement where the parties have agreed for
conduct of arbitration by or under the Centre;
(c) a reference to and, where possible, a copy of the contract or other instruments out of, or in relation to
which, the dispute has aris en;
(d) the full name and postal address including telephone number, mobile number and electronic mail
address , to the extent known, of the parties to the arbitration and their legal representative and successor
in interest, if any;
(e) a statement briefly describ ing the nature and circumstances of the dispute and the claims made against
other party to the arbitration (hereinafter referred to as the respondent), specifying the relief sought
(including the amounts of any quantified claims and, to the extent possibl e, an estimate of the monetary
value of any such claims);
(f) a statement of any matters which the parties have previously agreed with regard to conduct of the arbitration or
with respect to which the claimant desires to make a proposal as regard to the numb er of arbitrators,
governing law of the contract, governing law of arbitration, the language of the arbitration and place/seat
of arbitration;
(g) the nomination of an arbitrator, if the arbitration agreement provides for three arbitrators, or a proposal
nominating a sole arbitrator if the arbitration agreement provides for a sole arbitrator, unless the parties
have agreed otherwise including the power of nomination and appointment, as the case may be, being
conferred with the Chairperson or the Centre in accordance with these regulations or except where an
arbitrator has been named by a Court referring the parties for arbitration;
(h) confirmation that copies of the request for arbitration and any documents, have been or are being served
simultaneously on all other parties, specifying the mode of service employed and the date of service, to
be supported then or as soon as possible thereafter by documentary proof of actual delivery including the
date of delivery; and
(i) confirmation that the requisite filing fee a s specified in the Schedule has been paid.
(3) The r equest for arbitration shall not prevent any party from subsequently adding, supplementing or amending in
its pleadings , the matters referred to arbitration or the reliefs claimed, provided such matters and reliefs fall within the
scope of the arbitration agreement and are relevant to the dispute.
(4) The date of receipt of the complete request for arbitration by the Centre shall be deemed to be the date of
commencement of the arbitration and the reques t for arbitration shall be deemed to be complete when all the
requirements of sub -regulation (2) are fulfilled or when the Centre determines that there has been substantial
compliance with such requirements and notifies the parties of the date of commencem ent of the arbitration.
5. Response to the request for arbitration. – (1) The respondent shall send to the claimant and to the Centre a
response within fourteen days of the receipt of the request for arbitration, preferably by uploading it on the portal
provi ded on the website of the Centre (www.indiaiac.org) or by way of an e-mail, or by filing the physical copy of the
response to the request for arbitration with the Centre, which shall contain or be accompanied by, -
(a) a confirmation or denial of all or part of the claims , or the claimant’s invocation of the arbitration;
(b) the full name and postal address along with telephone number, mobile number and e-mail ID of the respondent
and its legal representative and successor in interest, if any;
(c) a statement d escribing in brief the nature and circumstances of the dispute and the defence to the claim, and a
brief statement describing the nature and circumstances of any counter -claims, specifying the relief claimed,
including the amounts of any quantified counter -claims and, to the extent possible, an estimate of the monetary
value of any other counter -claims;
(d) any comment in response to any statement contained in the request for arbitration, or with respect to which the
respondent desires to make a proposal, on matters relating to the conduct of the arbitration as regard to the number
of arbitrators, governing law of the contract, governing law of the arbitration, the language of the arbitration and
the place/seat of arbitration ;
(e) where the arbitration agreement pro vides for a sole arbitrator, concurrence with the claimant's proposal for a
sole arbitrator or otherwise; or where the arbitration agreement provides for three arbitrators, the nomination of
arbitrator as envisaged in such agreement, unless the parties hav e agreed otherwise including the power of
nomination and appointment, as the case may be, being conferred with the Chairperson or the Centre in
accordance with these regulations or except where one or more arbitrators have been named by a Court;
(f) confirmati on that copies of the response and the documents relied on have been or are being served
simultaneously on the other parties, specifying the mode of service employed and the date of service, by
documentary proof of actual delivery including the date of delivery;
(g) confirmation that the requisite filing fee as specified in the Schedule ha s been paid for any counter -claim.
(2) The contents of the response shall not prevent the respondent from subsequently adding, supplementing or
amending its pleadings.
6. Written communication and calculation of period. - (1) Any notice or communication or proposal shall be
in writing, or by way of electronic communication, hereinafter referred to as the written communication and such
written communication may be delivered personal ly or by registered post or by a courier service, or transmitted by any
form of electronic means or delivered by any other means that provides a record of its transmission or in any other
manner as may be directed by the Centre or the A rbitral Tribunal an d such written communication shall be deemed to
have been received if it is delivered, -
(a) to the addressee personally; or
(b) to his habitual residence, place of business or designated address; or
(c) to any address agreed by the parties for service of communication ; or
(d) according to the practice of the parties in prior dealings; or
(e) to his known e-mail address; or
(f) if none of the aforesaid can be found after making reasonable inquiry, then at the addressee's last-known
place of business or residence.
Explanation . – In this regulation, “electronic communication ” includes electronic mail and any other type of
communication which provides a record of transmission.
(2) Any written communication shall be deemed to have been received on the day when it is delivered or, in the
case of electronic means, transmitted, and such time shall be determined with reference to the time zone of the
place/seat of arbitration and in the event no place/seat of arbitration has been chosen by the parties or determined by
the Arbitral Tribunal, the time of receipt shall be construed based on Indian Standard Time.
(3) Any period under these regulations shall be calculated from the day following the day when a written
communication is deemed to have been received under s ub-regulation (2).
Explanation - When the day next following such date is a non-business day in the place of receipt of such written
communication pursuant to sub-regulation (1), the period commences on the first following business day and if the
last day of such period is a non-business day at the place of such receipt, the period is extended until the first business
day which follows.
(4) Non-business days occurring during the running of the period are included in calculating the overall period.
(5) After the constitution of the Arbitral Tribunal, where any party delivers any written communication to the
Arbitral Tribunal, it shall simultaneously deliver a copy to each arbitrator, all parties and the Registrar and it shall
confirm in writing to the Arbitral Tri bunal that it has done so or is doing so.
(6) The Registrar may, if the parties so request or the circumstances so warrant, amend the time limits prescribed in
these regulations provided it does not contravene any provisions of the law applicable to the ar bitration or any time
limits as fixed by the Arbitral Tribunal.
7. Joinder of additional parties .- (1) After the constitution of the Arbitral Tribunal, a party to the arbitration
may apply to the Arbitral Tribunal to join one or more additional parties in a arbitral proceeding pending before it.
(2) The arbitral tribunal may allow the application after satisfaction of the following conditions, namely: -
(a) the parties, including the additional party to be joined, have consented to the joinder of the additional party ;
or
(b) the additional party to be joined is prima facie bound by the arbitration agreement;
(3) An application for joinder shall include, -
(a) a brief statement of the facts and reasons supporting the application.
(b) the details of the pending arbitration in which one or more additional parties are sought to be joined;
(c) the name and address along with telephone numbers and e -mail ID, of the additional party to be joined,
and their representatives, if any;
(d) whether the additional party is to be joined as a claimant or a respondent;
(e) identification of the relevant arbitration agreement and a copy of such agreement;
(f) a reference to the contract or other instrument out of or in relation to which the dispute arises and, where
possible, a copy of the contract or other instrument.
(4) The Arbitral Tribunal shall, after giving the parties, including the additional party to be joined, an opportunity to be
heard, and having regard to the circumstances of the case, decide whether to allow, in whol e or in part, any application
for joinder under sub -regulation (1).
(5) The decision of the Arbitral Tribunal to allow the application for joinder under this regulation shall be without
prejudice to its power to subsequently decide any question as to its jurisdiction for such decision.
(6) Where an application for joinder is allowed under sub -regulation (4), the filing fee under these regulations shall be
payable for any additional claims or counter -claims.
8. Consolidation of arbitrations. - (1) Prior to the constitution of the arbitral tribunal in the arbitration sought to be
consolidated, at the request of a party for consolidation, and after notice to the other parties and any Arbitral Tribunal,
if constituted in the arbitration that commenced first, the Chairperson may allow to consolidate two or more
arbitrations into a common arbitration where -
(a) the parties agree to the consolidation; or
(b) the claims in the arbitrations are made under the same arbitration agreement; or
(c) the disputes or differences there in are identical and between the same parties or between the parties
having commonality of interests, or where such disputes arise out of separate contracts but relate to the
same transaction.
(2) The party making the request for consolidation shall provide copies of such request to all other parties and to the
Arbitral Tribunal , if any, in the arbitration that commenced first.
(3) In deciding whether to consolidate, the Chairperson shall take into account all the circumstances of the case
and he shall endeavor t o decide the application for consolidation within a period of fourteen days of the receipt of the
request for consolidation.
(4) Where the Chairperson decides to consolidate two or more arbitrations under sub -regulation (1), the arbitrations
shall be consolida ted into the arbitration that commenced first, unless the Chairperson decides otherwise, taking into
account the circumstances of the case.
(5) The Registrar shall provide copies of the decision of the Chairperson to all parties and to the Arbitral Tribunal
constituted, if any, in the arbitration that commenced first.
(6) The Centre may suitably adjust its administration fee and the Arbitral Tribunal's fee (where appropriate) after a
decision to consolidate the arbitrations has been made.
9. Composition and functions of the advisory panel. — (1) The advisory panel constituted by the Centre shall
consist of the Members of the Centre, other than Members ex officio, and other eminent individuals having wide
experience in the area of alternative dispute resolution mechani sms including arbitration , at domestic or international
level.
(2) The advisory panel may consist of such number of advisors as the Centre may decide from time to time, which shall not be less
than three but not more than ten.
(3) Not less than two adviso rs of the advisory panel shall advise the Chairperson in respect of appointment of an
arbitrator either from the panel of arbitrators maintained by the Centre, or any other arbitrator in exceptional
circumstances.
10. Disclosure on independence and impartialit y of the arbitrators. - (1) Where a person is to be appointed
as an arbitrator, he shall disclose in writing –
(a) the existence, either direct or indirect, of any past or present, relationship with or interest in any of the parties or
in relation to the subject -matter in dispute, whether financial, business, professional or of any other kind, which is
likely to give rise to justifiable doubts as to his independence or impartiality; and
(b) which are likely to affect his ability to devote sufficient time to the arbit ration and in particular his ability to
complete the entire arbitration within the specified time.
(2) An arbitrator, from his appointment and throughout the arbitral proceedings, shall, without delay, disclose to the
parties in writing any circumstances refer red to in sub -regulation (1), unless they have already been informed of
them by him.
11. Appointment and confirmation of arbitrators. - (1) Unless the parties have agreed otherwise, a sole
arbitrator shall be appointed.
(2) Subject to the agreement between the part ies, the parties may nominate an arbitrator from the panel of arbitrators
maintained by the Centre or in exceptional circumstances, any other arbitrator.
(3) If the parties have agreed that any arbitrator is to be appointed by one or more of the parties, or by any third
person or by the arbitrators already appointed, such agreement shall be treated as an agreement to nominate an
arbitrator under these regulations and such nominations shall be subject to appointment by the Chairperson.
(4) The Chairperson shall appo int arbitrators including from the panel of arbitrators maintained by the Centre after
considering the advice of the advisory panel.
(5) In appointing an arbitrator under these regulations, due consideration shall be given to the qualifications
required for th e arbitrator as per the agreement of the parties, and to such considerations as are likely to secure the
appointment of an appropriate arbitrator, who is independent and impartial, has sufficient time, availability and
ability to conduct the case in a prompt and efficient manner.
(6) No claimant or respondent or any person shall make any ex-parte or private communication relating to the case
with any arbitrator after he is appointed.
12. Arbitral tribunal comprising of Sole Arbitrator. - (1) If a sole arbitrat or is to be appointed, either of the
parties may propose to the other party the names of one or more persons to be appointed as the sole arbitrator and after
reaching consensus on the nomination of a sole arbitrator, the Chairperson may appoint such nomina ted person as sole
arbitrator.
(2) If the parties have not reached consensus for the nomination of a sole arbitrator within twenty -eight days from the
date of commencement of the arbitration, the Chairperson, on the request of either party, shall appoint the sole
arbitrator after considering the advice of the advisory panel.
13. Arbitral tribunal comprising of Three arbitrators. – (1) If three arbitrators are to be appointed, each party
shall nominate one arbitrator.
(2) If a party fails to nominate an arbitrato r within fourteen days after receipt of a party’s nomination of an
arbitrator, the Chairperson shall proceed to appoint an arbitrator on its behalf after considering the advice of the
advisory panel.
(3) Unless the parties have agreed upon another procedure fo r appointing the third arbitrator, or if such agreed
procedure does not result in a nomination within the period agreed by the parties or set by the Chairperson, the
Chairperson shall appoint the third arbitrator after considering the advice of the advisor y panel, who shall be the
presiding arbitrator.
14. Multi -party appointment of arbitrator. – (1) Where there are more than two parties to the arbitration, and a
sole arbitrator is to be appointed, the parties may jointly nominate the sole arbitrator and in th e absence of such joint
nomination having been made within twenty -eight days of the date of commencement of the arbitration, the
Chairperson shall appoint the sole arbitrator after considering the advice of the advisory panel.
(2) Where there are more than two parties to the arbitration, and three arbitrators are to be appointed, the claimants
shall jointly nominate one arbitrator and the respondents shall jointly nominate one arbitrator and unless the parties
have agreed upon another procedure for appointi ng the third arbitrator, or if such agreed procedure does not result in a
nomination within the period agreed by the parties or set by the Chairperson, the Chairperson shall appoint the third
arbitrator on the advice of the advisory panel, who sha ll be the presiding arbitrator.
(3) In the absence of both such joint nominations having been made within twenty -eight days from the date of
commencement of the arbitration, the Chairperson shall appoint all three arbitrators on the advice of the advisory
panel and shall designate one of them to be the presiding arbitrator.
15. Challenge of arbitrators. - (1) The appointment or continuation of a person as an arbitrator may be challenged
by any party if circumstances exist that give rise to justifiable doubts as to the arbitrator’s impartiality or
independence, or if the arbitrator does not possess any requisite qualification which the parties have previously agreed,
or if the arbitrator becomes unable to discharge his functions or is not discharging those functions in accordance with
these regulations or within the specified period.
(2) A party may challenge the arbitrator nominated by him only for reasons of which he becomes aware after such
nomination has been made.
(3) A party who intends to challenge the appointme nt of an arbitrator shall send a notice to the Registrar within
fourteen days after the receipt of the notice of appointment of such arbitrator, or within fourteen days after the
circumstances mentioned in sub -regulation (1) become known to that party.
(4) The notice of challenge shall be sent simultaneously to the other party, the arbitrator who is being challenged
and the other members of the Arbitral Tribunal.
(5) The notice of challenge shall be in writing and shall state the grounds for the challenge specified in sub -
regulation (1).
(6) The Registrar may, by order suspend the arbitration proceedings until the challenge is resolved.
(7) When an arbitrator is challenged by one party, and the other party does not dispute the challenge made by the
first party within seven days of the date of receipt of the notice of challenge, the Chairperson may replace such
arbitrator and the arbitrator so challenged may also withdraw voluntarily from his office.
(8) In neither case referred to in sub regulation (7 ), does this imply acceptance of the validity of any of the grounds for the
challenge.
(9) In instances referred to in sub -regulation (7), a substitute arbitrator shall be appointed in accordance with the
procedure referred to in regulation 16.
(10) I f the other party does not agree to the challenge and the arbitrator, who is being challenged does not withdraw
himself voluntarily, the Chairperson shall send a copy of the notice to the parties and to the arbitrator to make
submissions, or as the case ma y be, comments on the challenge within such period as may be provided by the
Chairperson.
(11) The Chairperson shall endeavour to decide on the challenge within fifteen days from the date of submissions of
the parties or the comments of the arbitrator, w hichever is later.
(12) If the Chairperson accepts the notice of challenge, a substitute arbitrator shall be appointed in accordance with
these regulations.
(13) If the Chairperson rejects notice of the challenge, the arbitrator shall continue with the arbitration.
16. Substitution of arbitrator. - (1) An arbitrator shall be substituted upon the following conditions:
(a) refusal or failure to act in accordance with these regulations or within specified period; or
(b) unable to perform the functions in accordance with t hese regulations; or
(c) in case of his death, resignation, or wi thdrawal from the arbitration; or
(d) acceptance of a challenge of arbitrator under regulation 15 by the Chairperson; or
(e) in case of written request made by all the parties for the removal of the ar bitrator to the Chairperson and
where such request has been accepted by him.
(2) When an arbitrator is to be substituted for any reason, a substitute arbitrator shall be appointed by the
Chairperson as per the procedure specified for the appointment of the arbitrator under these regulations.
(3) On substitution of an arbitrator, the reconstituted Arbitral Tribunal may invite and hear the parties to determine
as to whether and to what extent the proceedings that have already taken place, shall be repeated or other wise before
the reconstituted Arbitral Tribunal:
Provided that if the previous Arbitral Tribunal has made an interim or partial award, any hearings related to such
award, shall not be held again by the reconstituted Arbitral Tribunal and such interim or partial award shall remain
effective.
17. Fast track procedure. - (1) The parties to an arbitration agreement may mutually agree in writing to have
their dispute resolved through a fast track procedure at any stage, either before or at the time of appointmen t of the
Arbitral Tribunal.
(2) Pursuant to such agreement, the parties may apply to the Registrar in writing for the arbitral proceedings to be
conducted in accordance with the Fast Track Procedure.
(3) The parties making an application under sub -regula tion (2) shall send a copy of the application to the other
parties and to the Registrar.
(4) Where a party has made an application under sub -regulation (2), and where the Chairperson decides, after
considering the views of the parties and having regard to the circumstances of the case, that the arbitral proceedings
shall be conducted in accordance with the fast track procedure, the following procedure shall apply, notwithstanding
anything contrary to the arbitration agreement between the parties, namel y:-
(a) the case shall be referred to a sole arbitrator, unless the Chairperson decides otherwise;
(b) the Registrar may reduce any time period under these regulations;
(c) the Arbitral Tribunal shall decide the dispute on the basis of written pleadings, documents and
submissions filed, unless agreed otherwise by the parties;
(d) the Arbitral Tribunal shall have the power to call for any further information or clarification from the
parties in addition to the pleadings and documents filed by them;
(e) an oral hearing may be he ld only if all the parties make a request or if the Arbitral Tribunal considers it
necessary to have an oral hearing for clarifying certain issues;
(f) the Arbitral Tribunal may dispense with any technical formalities, if an oral hearing is held, and adopt
such procedure, as deemed appropriate for expeditious disposal of the case;
(g) the award under this regulation shall be made within a period of six months from the date of intimation
by the Registrar to the parties, of the constitution of the Arbitral Trib unal.
(h) if the award is not made within the said period of six months, the mandate of the Arbitral Tribunal shall
terminate unless the period to make the award has been extended by the Registrar for reasons to be
recorded in writing .
(5) Upon application by a party, the Arbitral Tribunal may, after giving the parties the opportunity to be heard and in
consultation with the Registrar, order that the arbitral proceedings shall not be conducted in accordance with the fast
track procedure under this regulation, a nd where the Arbitral Tribunal allows such application , the arbitration
shall continue to be conducted by the same Arbitral Tribunal that was constituted to conduct the arbitration in
accordance with the fast track procedure.
18. Emergency arbitrator. – (1) Where an application for emergency interim relief cannot wait till the Arbitral
Tribunal is constituted , a party may apply to the Registrar in writing for such emergency interim relief.
(2) The application under sub -regulation (1) may be made at the time of filing or subsequent to the filing of the request
for arbitration but prior to the constitution of the Arbitral Tribunal.
(3) The party making an application under sub-regulation (1) shall simultaneously send a copy thereof to the other
parties to the arbitration.
(4) The party making such an application shall -
(a) include a statement briefly describing the nature and circumstances of the relief sought and specific
reasons why such relief is required on an emergency basis and the reasons why the party is entitled to such
relief;
(b) pay the applicable fee as specified in the Schedule for the appointment of the emergency arbitrator; and
(c) file proof of service of such application upon the other parties to the arbitration.
(5) The Chairperson shall endeavor to appoint the emergency arbitrator within three days (including non-
business days) of receipt of the application by the Registrar .
(6) The emergency arbitrator to be appointed under sub -regulation (5) must disclose to the Registrar any facts or
circumstances which may give rise to justifiable doubts as to his impartiality or independence, before accepting the
appointment.
(7) Any challenge to the appointment of the emergency arbitrator may be made by either of the parties within one
business day of the communication by the Registrar of the said appointment and the application must state the
circumstances which form the basis for the challenge.
(8) An emergency arbitrator may not act as an arbitrator in any future arbitration relating to the said dispute unless
agreed by all the parties.
(9) The emergency arbitrator so appointed shall schedule a hearing including the filing of submissions and
documents by the parties within two business days of his appointment and shall provide a reasonable opportunity of
being heard to all th e parties to the dispute before granting any urgent interim measures of protection and shall record
reasons in the order.
(10) The parties shall comply with any order made by the emergency arbitrator.
(11) The emergency arbitrator shall have the power to order any i nterim relief that he deems necessary.
(12) An order of the emergency arbitrator shall be made in writing, with a brief statement of reasons and shall be
signed.
(13) The emergency arbitrator shall ensure that the entire process of arbitration from date of his appoi ntment to
making of the order shall be completed within fifteen days, which may only be extended by the Registrar in exceptional
circumstances or by written agreement of all the parties to the said proceedings.
(14) The emergency arbitrator shall become functu s officio after the order is made and shall not be a part of the
Arbitral Tribunal, which may be formed subsequently, in accordance with these regulations unless otherwise agreed to
by all the parties.
(15) The order for urgent interim measures made b y the emergency arbitrator shall not bind the Arbitral Tribunal on
the merits of any issue or dispute that the Arbitral Tribunal may be required to determine.
(16) The order made by the emergency arbitrator shall remain operative for a period of two months from the date of
the order unless modified, substituted or vacated by the Arbitral Tribunal:
Provided that the Arbitral Tribunal shall have the power to extend the said order beyond the period of two months if it
deems it necessary for reasons to be recorded in writing.
(17) Any order of the emergency arbitrator may be confirmed, varied, discharged or revoked, in whole or in part, by
order or award made by the Arbitral Tribunal upon application by any party or upon its own initiative.
19. Interim measu res by Arbitral Tribunal .– (1) A party may, during the arbitral proceedings apply to the
Arbitral Tribunal for an interim measure of protection in respect of the subject -matter of the dispute as it may
consider necessary, including -
(a) the appointment of a g uardian for a minor or person of unsound mind for the purposes of arbitral proceedings;
or
(b) an interim measure of protection in respect of any of the following matters, namely: -
(i) the preservation, interim custody or sale of any goods which are the subject m atter of the arbitration;
(ii) securing the amount in dispute in the arbitration;
(iii) the detention, preservation or inspection of any property or thing which is the subject -matter of the
dispute in arbitration, or as to which any question may arise therein and authorizing for any of the
aforesaid purposes any person to enter upon any land or building in the possession of any party or
authorizing any samples to be taken, or any observation to be made, or experiment to be tried, which
may be necessary or expedient fo r the purpose of obtaining full information or evidence;
(iv) interim injunction or the appointment of a receiver;
(v) such other interim measures of protection as may appear to the Arbitral Tribunal to be just and
convenient.
(2) The Arbitral Tribunal may modify, suspend or terminate an interim measure granted by it, upon an application by a
party, if the circumstances so warrant.
20. Statement of claim. - (1) The claimant shall, within such period as may be determined by the Arbitral
Tribunal, submit the statement o f claim, preferably by uploading it on the portal provided on the website of the
Centre (www.indiaiac.org ) or by way of an e-mail, or by filing a physical copy of the statement of claim with the
Arbitral Tribunal with a copy to the respondent and to the C entre, setting out in full detail subject to any specific
directions of the Arbitral Tribunal in this regard -
(a) statement of facts supporting the claim;
(b) copies of supporting documents; and
(c) the relief claimed, together with the amount of all quantifiable claims.
(2) If the claimant fails to submit its statement of claim with the specified period, the Arbitral Tribunal may issue an
order for the termination of the arbitral proceedings or give such other directions as may be appropriate, unless a
respondent has brought a counter claim and requests the arbitration to continue.
21. Statements of defence and counter claim. - (1) The respondent shall submit its statement of defence before
the Arbitral Tribunal within the period specified by the Arbitral Tribunal, pref erably by uploading it on the portal
provided on the website of the Centre ( www.indiaiac.org ) or by way of an e -mail, or by filing a physical copy of the
statement of defence and furnish a copy to the claimant and to the Centre, setting out its full defen ce to the statement of
claim, subject to any specific directions of the Arbitral Tribunal in this regard .
(2) The statement of defence may also include a counter claim (if any), which shall comply with the requirements of
regulation 20.
(3) If a counter claim is m ade, the claimant shall within a specified period decided by the Arbitral Tribunal, send to
the respondent a statement of defence to the counter claim (with a copy to the Arbitral Tribunal and the Centre), setting
out its full defence to the counter claim .
(4) If the respondent fails to submit a statement of defence, or, if at any stage any party fails to avail itself of the
opportunity to present its case in the manner directed by the Arbitral Tribunal, the Arbitral Tribunal may proceed
with the arbitration.
22. Amendments to the statements of claim or defence. - (1) A party may, with the leave of the Arbitral
Tribunal, amend, supplement or modify its claim, counter -claim or other pleadings, unless the Arbitral Tribunal
considers it inappropriate to allow such am endment, having regard to the delay in making the request or the prejudice
it might cause to the other party or any other circumstance.
(2) If a party is permitted to amend its claim or counter -claim, the Registrar may require such party to pay such
additional Arbitral Tribunal’s fees and the administration fee specified in the Schedule , as it considers appropriate.
23. Further pleadings. - The Arbitral Tribunal shall decide whether further pleadings shall be required from the
parties or may be presented by them and it shall fix the periods of time for filing such pleadings, if any.
24. Jurisdiction. - (1) If a party objects to the existence or validity of the arbitration agreement, or to the
competence of the Centre to administer an arbitration, the same shall b e decided by the Arbitral Tribunal after it is
constituted.
(2) The Arbitral Tribunal shall have the power to decide on its own jurisdiction, including any objections with
respect to the existence, termination or validity of the arbitration agreement.
(3) A plea that the Arbitral Tribunal does not have jurisdiction shall be raised not later than in a statement of
defence or in a statement of defence to the counter -claim and a failure by a party to raise an objection on jurisdiction
by then, shall be treated as an express waiver of that objection.
25. Conduct of proceedings. - (1) The Arbitral Tribunal may conduct the arbitration in such manner as provided
in the law governing the arbitration and as it considers appropriate to ensure the cost effective, fair and timely
resolution of the dispute.
(2) As soon as practicable after the appointment of all arbitrators, the Arbitral Tribunal shall conduct a preliminary
meeting with the parties (in person, by audio/video conferencing or any other electronic mode), to discuss the
procedures that will be most appropriate and efficient for the case.
(3) During or following the preliminary meeting, the Arbitral Tribunal shall establish the procedural time table that
it intends to follow for the conduct of the arbitration (including the peri od within which parties shall lead evidence and
make oral submissions on a day -to-day basis) and shall communicate the procedural time table to the Centre and the
parties.
(4) The Arbitral Tribunal after consulting the parties, may adopt further procedural mea sures or modify the
procedural timetable from time to time and all such modified procedural timetables and orders shall be communicated
to the parties and the Centre, to ensure continued effective case management.
(5) The filing of the statement of claim and statement of defence shall be completed within a maximum period of
six months from the date the arbitrator or all the arbitrators, as the case may be, received notice in writing of their
appointment.
(6) The Arbitral Tribunal may frame a list of issues after the pleadings are completed, if it deems it appropriate to do
so.
(7) The Arbitral Tribunal may proceed with the arbitration notwithstanding the failure or refusal of any party to
comply with these regulations or orders or directions of the Arbitral Tribunal or any partial or interim award or to
attend any meetings or hearings, and may impose such costs as the Arbitral Tribunal deems appropriate in such
circumstances.
26. Language of the arbitration proceedings. - (1) Unless the parties have agreed otherwise, the language of
the arbitration shall be English.
(2) If a document is in a language other than the language of the arbitration, the Arbitral Tribunal, or if the Arbitral
Tribunal has not been established, the Registrar, may order a party to submit translation of the document, in t he
language of the arbitration.
27. Party representatives. - (1) Any party may be represented by legal practitioners or any other authorised
representatives, subject to submission of proof of authorit y of the party representatives.
(2) Any change or addition by a party to its representatives shall be promptly communicated in writing to the
Registrar, the Arbitral Tribunal and the other parties.
28. Place/seat of arbitration. - (1) The parties may agree on the place/seat of arbitration, failing such an
agreement, the place/ seat of arbitration shall be determined by the Arbitral Tribunal having regard to the
circumstances of the case.
(2) The Arbitral Tribunal, in consultation with the parties may hold all p roceedings including hearings either
physically, virtually or in a hybrid manner and where the Arbitral Tribunal decides to hold the hearings (including for
recording of evidence) physically, it may hold it at any location agreed to by the parties o r where there is no such
agreement hold it at a place which the Arbitral Tribunal considers convenient or appropriate, after consulting the
parties.
Explanation : ‘Place of Arbitration’ shall mean ‘Seat of Arbitration’ and vice versa .
29. Applicable law. - (1) The Arbitral Tribunal shall, for deciding the merits of the dispute, apply the law or
rules, as the case may be, agreed upon by the parties and in case of failure of such agreement between the parties, the
Arbitral Tribunal shall decide the dispute on merits by applying the law or rules which it determines to be appropriate in
the facts and circumstances of the case.
(2) In an arbitration other than international commercial arbitration, the Arbitral Tribunal shall decide the dispute
submitted to arbitration in accordance with the law for the time being in force in India.
(3) The Arbitral Tribunal shall decide as amiable compositeur or ex aequo et bono only if the parties have expressly
authorised the Arbitral Tribunal to do so.
(4) In all cases, the Arbitral Tribunal sh all take into account the terms of the contract, any trade usages applicable to
the transaction to the extent that the Arbitral Tribunal considers it relevant to the arbitration.
30. Hearings. — (1) Unless the parties have agreed otherwise or where the parties have opted for fast track
procedure, the Arbitral Tribunal shall if either party so requests or the Arbitral Tribunal so decides, hold a hearing in a
manner as agreed for the presentation of evidence and for oral arguments on interim applications, if any and on the
merits of the dispute.
(2) The Arbitral Tribunal shall fix the date, time and place of any meeting or hearing and shall give the parties
reasonable notice in advance.
(3) If any party to the proceedings, without sufficient cause, fails to appear at a hearing, the Arbitral Tribunal may
proceed with the arbitration and may make the award based on the evidence and submissions before it.
(4) Unless the parties agree otherwise, all meetings and hearings shall be held privately, and any recordings,
transcripts, documents or other materials used in the proceedings shall remain confidential.
31. Witnesses - (1) Prior to hearing, the Arbitral Tribunal may require any party to give a list of witnesses,
including expert witnesses, whom it intends to produce, the subject of their testimony and its relevance to the issues.
(2) The Arbitral Tribunal shall have the discretion to allow, refuse or limit the number of witnesses intended to be
produced by a party and to determine the time to be allocated for the oral testimony of a wi tness.
(3) The Arbitral Tribunal shall determine the manner in which witnesses are to be examined, and may direct that the
testimony of any witness be presented in written form.
32. Appointment of experts by the Arbitral Tribunal. - (1) Unless the parties have agr eed otherwise, the
Arbitral Tribunal may—
(a) in consultation with the parties, appoint one or more experts to report on specific issues which shall be set
out by the Arbitral Tribunal in writing; and
(b) require a party to give such expert any relevant informati on, or produce, or provide access to any relevant
documents, goods or property for inspection.
(2) Any expert so appointed shall submit a report in writing to the Arbitral Tribunal and upon receipt of the said
written report, the Arbitral Tribunal shall supply a copy of the report to the parties.
(3) Unless the parties have agreed otherwise, if a party so requests or if the Arbitral Tribunal considers it necessary,
any such expert shall after delivery of his written report, participate in an oral hearing where the parties may cross -
examine him.
(4) Any expert so appointed shall furnish a declaration that he is and shall continue to be impartial and independent.
(5) The charges and costs relating to the expert shall be borne by the parties, as determined by the Arbitral Tribunal.
33. Making of award. - (1) The Arbitral Tribunal, upon being satisfied that the parties have no further relevant
and material evidence to produce or submissions to make, shall declare that the proceedings are closed and the
Arbitral Tribunal may, on its own motion or upon application of a party before any award is made, reopen the
proceedings.
(2) The Arbitral Tribunal shall submit all draft awards to the Registrar within sixty days from the date on which it
declares the proceedings closed unless, in exceptio nal circumstances and further to an application by the Arbitral
Tribunal or on the own motion of the Registrar, the Registrar extends the period for submission of the draft award.
(3) The Registrar may suggest changes, within twenty -one days as to the form of the draft award and point out any
typographical or clerical errors in the draft award without affecting the decision of the Arbitral Tribunal.
(4) The Arbitral Tribunal may make such changes, if any, as it deems fit to the award.
(5) The Arbitral Tribunal may make partial awards on different issues at different times.
(6) Where the Arbitral Tribunal consists of more than one arbitrator, the Arbitral Tribunal shall decide by a majority.
(7) The award shall be made in writing and signed by the Arbitral Tribunal and unless a greed otherwise by the
parties in writing, the award shall state the reasons upon which it is based.
(8) The award may be executed in any number of counterparts, each of which is an original and all of which
together evidence the same award.
(9) Where there are th ree arbitrators and any of them fails to sign the award, the award shall state the reason for
the absence of the signature of such arbitrator .
(10) If the majority arbitrators of the Arbitral Tribunal sign the award, it shall be final and binding for the purposes of
these regulations, provided that all arbitrators were provided with a reasonable opportunity to sign the award.
(11) The award shall be delivered by the Arbitral Tribunal to the Registrar, who shall transmit certified copies to
the parties upon the full settlement of the costs of arbitration.
(12) The Arbitral Tribunal may award interest on any principal sum which is the subject of the arbitration at such
rates as the parties may have agreed or, in the absence of such agreement, as the Arbitral Tribu nal determines and in
respect of any period, as it determines appropriate.
(13) In the event of a settlement, if the parties so request, the Arbitral Tribunal may render a consent award
recording the settlement, provided always that such award contains an expre ss statement that it is an award made with
the consent of the parties, which need not contain reasons.
(14) If the parties do not require a consent Award, the parties shall confirm to the Arbitral Tribunal and the Registrar
that a settlement has been reached.
(15) The Arbitral Tribunal shall be discharged and the arbitration concluded upon payment of any outstanding costs
of the arbitration.
(16) By agreeing to arbitration under these regulations, the parties agree that an award shall be final and binding on
the parties from the date it is made.
34. Correction and interpretation of award, additional award. - (1) Within thirty days from the receipt of the
arbitral award —
(a) a party, with notice to the other party, may request the Arbitral Tribunal to correct any computation errors,
any clerical or typographical errors or any other errors of a similar nature occurring in the award;
(b) if so agreed by the parties, a party, with notice to the other party, may request the Arbitral Tribunal to give
an interpretation of a specif ic point or part of the award.
(2) If the Arbitral Tribunal is satisfied with the request made under sub -regulation (1), it shall make the correction or
give the interpretation within thirty days from the receipt of the request and the interpretation shal l form part of the
arbitral award.
(3) The Arbitral Tribunal may correct any error of the type referred to in clause (a) of sub -regulation (1), on its own
initiative, within thirty days from the date of the award.
(4) A party with notice to the other par ty, may request, within thirty days from the receipt of the award, the Arbitral
Tribunal to make an additional award as to claims presented in the arbitral proceedings but omitted from the award.
(5) If the Arbitral Tribunal is satisfied with the request made under sub -regulation (4), it shall make the additional
award within sixty days from the receipt of such request.
(6) The Arbitral Tribunal may extend, if necessary, the period within which it shall make a correction, give an
interpretation or make an additional award under sub -regulation (2) or sub -regulation (5).
(7) The regulation 33 shall apply to a correction or interpretation of the a ward or to an additional award.
35. Fees and expenses of arbitration .- (1) The fees of the arbitrator and the admini stration fee shall be fixed by the
Registrar in accordance with the fee specified in the Schedule.
(2) The Arbitral Tribunal’s reasonable out -of-pocket expenses necessarily incurred and other allowances shall be
reimbursed in accordance with the applicable practice directions.
36. Deposits for costs of arbitration .- (1) The Registrar shall fix the amount of deposits towards the costs of
arbitration .
(2) Unless the Registrar directs otherwise, fifty per cent. of such deposits shall be payable by the claimant and the
remaining fifty per cent. of such deposits shall be payable by the respondent and the Registrar may fix separate
advances on costs for claims and counter -claims, respectively.
(3) Where the amount of the claim or the counter -claim is not quantifiabl e at the time payment is due, a provisional
estimate of the costs of the arbitration shall be made by the Registrar, based on the nature of the dispute, the
contract amount and the circumstances of the case, which shall be adjusted subsequently.
(4) The Regis trar may from time to time direct the parties to make further payments towards costs of the arbitration
incurred or to be incurred on behalf of, or for the benefit of, the parties .
(5) If a party fails to make the deposits as directed, the Registrar may, after consulting the Arbitral Tribunal and after
informing the parties, direct the Arbitral Tribunal to suspend the arbitration proceedings and set a period, not
exceeding sixty days, on the expiry of which the relevant claims or counter -claims shall stand terminated without
prejudice to the parties reintroducing the same claims or counter -claims in another proceeding de novo , in accordance
with law.
(6) Parties are jointly and severally liable for the deposits for costs of the arbitration.
(7) Any par ty is free to pay the whole of the deposits towards costs of the arbitration in respect of the claim or the
counter -claim, in case the other party fails to pay its share.
(8) If the arbitration is settled or disposed of without a hearing, the costs of arbitrat ion shall be finally determined
by the Registrar having regard to the circumstances of the case, including the stage of proceedings at which the
arbitration is settled or disposed.
(9) In the event that the costs of arbitration determined are less than the deposits made, there shall be a refund made
to the parties by the Centre in such proportions as the deposits were made unless otherwise agreed by the parties.
(10) All deposits shall be made to and held by the Centre and any interest which may accrue on such depos its shall
be retained by it.
(11) The Centre shall have a lien on the arbitral award for any unpaid costs of the arbitration and the award shall not
be notified to the parties unless all such costs have been fully paid to the Centre by the parties or by any one of them.
37. Costs of arbitration. – (1) The Arbitral Tribunal shall specify in the award, the total amount of the costs of the
arbitration, and unless the parties have agreed otherwise, the Arbitral Tribunal shall determine in the award, the
apporti onment of the costs of the arbitration among the parties.
(2) The term “costs of the arbitration” includes -
(a) the fees and expenses of the Arbitral Tribunal;
(b) the administration f ees of the Centre and its expenses; and
(c) the costs of expert advice and of other assistance reasonably required by the Arbitral Tribunal.
38. Legal and other costs. – (1) The Arbitral Tribunal shall have the authority to order in its award that all or a
part of the legal or other costs of a party be paid by another party.
(2) The Arbitral T ribunal shall take into account in making its decision as to costs, circumstances it considers
relevant, including the extent to which each party has conducted the arbitration in an expeditious manner.
39. Appointment fees .- (1) The appointment fees, as spe cified in the Schedule shall be payable when a request
for appointment of arbitrator has been made to the Centre in an ad hoc arbitration and where parties have agreed for
the Centre to make such appointment either before or after the dispute has arisen an d such appointment fee shall be
payable by the party making the request for appointment.
(2) Where a court refers a matter to the Centre for appointment of arbitrator on an application made by a party for
such appointment, then the appointment fee shall be payable by the party who has made an application to the court for
the appointment of arbitrator.
(3) Where a court on its own motion refers a matter to the Centre for appointment of arbitrator, the appointment fee
shall be payable by both the parties i n equal share or either party may pay the entire amount of appointment fee.
40. Exclusion of liability. - (1) The Centre, the Chairperson, Members, Chief Executive Officer, Registrar,
Member of the advisory panel or Chamber of Arbitration of the Centre, other officers, employees, any arbitrator or
emergency arbitrator, shall not be liable to any person for any negligence, act or omission in good faith, in connection
with any arbitration conducted under these regulations.
(2) The Centre, the Chairperson, Members, Chief Executive Officer, Registrar, Member of the advisory panel or
Chamber of Arbitration of the Centre, other officers, employees, any arbitrator or emergency arbitrator, shall not be
under any obligation to make any statement in connection with any arbitration conducted under these regulations and no
party shall seek to make the Chairperson, any Members, officers, employees, any arbitrator or emergency arbitrator act
as a witness in any legal proceedings in connection with any arbi tration conducted under these regulations.
41. Waiver of right to object .- A party who knows or ought to know of a failure to comply with any of the
provisions, or requirement under these regulations, and which are applicable to the proceedings, any direct ion given
by the Arbitral Tribunal, or any requirement under the arbitration agreement relating to the constitution of the Arbitral
Tribunal or the conduct of the proceedings and yet proceeds with the arbitration without promptly stating its objection,
or if a period is provided for stating that objection, within that period, shall be deemed to have waived its right to
object.
42. Confidentiality. – (1) The parties, the Arbitral Tribunal, an emergency arbitrator, Members of the Centre and
the Centre shall at all times treat all matters relating to the arbitration and the award including the proceedings as
confidential.
(2) A party or any arbitrator shall not, without the prior written consent of all the parties, disclose to a third party any
such matter, except —
(a) for the purpose of making an application to a court of competent jurisdiction, to enforce or challenge the
award; or
(b) pursuant to the order made by a court of competent jurisdiction; or
(c) for the purpose of pursuing or enforcing a legal right or claim; or
(d) in compliance with the provisions of any laws which are binding on the party making the disclosure; or
(e) in compliance with the request or requirement of any regulatory body or other authority under any
law; or
(f) pursuant to an order by the Arbitra l Tribunal on application by a party with proper notice to the other
parties.
(3) In this regulation, “matters relating to the proceedings” means the existence of the proceedings and the
pleadings, evidence and other materials in the arbitration proceedings an d all other documents produced by another
party in the proceedings or the award arising from the proceedings, but excludes any matter that is otherwise in the
public domain.
43. Decisions of Chairperson, Members, Chief Executive Officer and Registrar. -
(1) Subjec t to the provisions of these regulations, the decisions of the Chairperson, Members, Chief Executive
Officer and Registrar with respect to all matters relating to an arbitration conducted under these regulations shall be
conclusive and binding upon the par ties and the Arbitral Tribunal.
(2) The Chairperson, Members, Chief Executive Officer and the Registrar shall not be required to provide reasons
for such decisions, unless expressly provided for in these regulations.
44. Miscellaneous .- (1) In all matters not expressly provided for in these regulations, the Chairperson, Members,
Chief Executive Officer, Registrar and the Arbitral Tribunal shall act in the spirit of these regulations and shall make
every reasonable effort to ensure the fair, expeditious and eco nomical conclusion of the arbitration.
(2) The Centre may from time to time issue practice directions for implementation of these regulations, for the
purpose of facilitating the administration of arbitration.
SCHEDULE
FEE FOR ARBITRATION
PART I - DOMESTIC ARBITRATION
(A) NON -REFUNDABLE FILING FEE - Indian Rupees 5,000/ - plus GST, as applicable
(B) ADMINISTRATION FEE
Sl. No. Amount in Dispute ((Indian Rupees)
[claim + counter -claim (if any)]
Administration Fee (Indian Rupees)
(excluding GST)
(i) Upto 25,00,000 15,000
(ii) Above 25,00,000 and upto 1,00,00,000 25,000
(iii) Above 1,00,00,000 and upto 5,00,00,000 50,000
(iv) Above 5,00,00,000 and upto 7,00,00,000 75,000
(v) Above 7,00,00,000 and upto 10,00,00,000 90,000
(vi) Above 10,00,00,000 and upto 25,00,00,000 1,00,000
(vii) Above 25,00,00,000 1,50,000
Note. -: The Administration fee of the Centre does not include the following, namely: -
(a) The disbursements and incidental expenses incurred by the Centre in connection with the arbitration;
(b) Cost for usage of facilities and support services (for example: Hearing Rooms, Hire of Equipment,
Transcription Services and Interpretation Services), as may be applicable;
(c) Good and Services Tax (GST) as may be applicable.
(C) ARBITRATOR'S FEE - FOR EACH ARBITRATOR
Sl. No. Amount in Dispute (Indian Rupees)
[Claim + Counterclaim (if any)]
Arbitrator’s Fee (Indian Rupees)
(excluding GST)
(i) Upto 5,00,000 45,000
(ii) Above 5,00,000 and upto 20,00,000 45,000 plus 3.5% of amount in excess of 5,00,000
(iii) Above 20,00,000 and upto 1,00,00,000 97,500 plus 3% of amount in excess of 20,00,000
(iv) Above 1,00,00,000 and upto 10,00,00,000 3,37,500 plus 1% of amount in excess of 1,00,00,000
(v) Above 10,00,00,000 and upto
20,00,00,000 12,37,500 plus 0.75% o f amount in excess of 10,00,00,000
(vi) Above 20,00,00,000 and upto
50,00,00,000 48,62,500 plus 0.50% of amount in excess of 20,00,00,000
(vii) Above 50,00,00,000 and upto
75,00,00,000 78,62,500 plus 0.25% of amount in excess of 50,00,00,000
(viii) Abov e 75,00,00,000 and upto
100,00,00,000 84,87,500 plus 0.10% of amount in excess of 75,00,00,000
(ix) Above 100,00,00,000 and upto
200,00,00,000 87,37,500 plus 0.03% of amount in excess of 100,00,00,000
(x) Above 200,00,00,000 91,00,000
Note. - (1) In cas e the Arbitral Tribunal comprises of a sole arbitrator, he shall be entitled to an additional amount of
25% on the fee payable as per the table set out above.
(2) The arbitrator’s fee does not include -
(a) the expenses of the arbitrator;
(b) Good and Services T ax (GST) as may be applicable.
(D) FEE FOR EM ERGENCY ARBITRATOR PROCEEDINGS
Administration fee of the Cent re - Indian Rupees 1,00,000/ -
Emergency arbitrator’s fee - Indian Rupees 7,00,000/ -
Note .- The fee for emergency arbitrator proceedings doe s not include the following, namely: -
(a) the disbursements and incidental expenses incurred by the Centre in connection with the emergency
arbitrator proceedings;
(b) the expenses of the emergency arbitrator;
(c) cost for usage of facilities and support services (for example: Hearing Rooms, Hire of Equipment,
Transcription Services and Interpretation Services) as may be applicable;
(d) Good and Services Tax (GST) as may be applicable.
PART II - INTERNATIONAL ARBITRATION
(A) NON -REFUNDABLE FILING FEE - United States Dollars 500/ - (or equivalent in Indian Rupees) plus
Good and Services Tax (GST), as applicable.
(B) ADMINISTRATION FEE
Sl.
No. Amount in Dispute (United States Dollars or
equivalent in Indian Rupees)
[Claim + Counterclaim (if any)]
Administration Fee
(Unite d States Dollars or equivalent in Indian
Rupees) (excluding GST)
(i) Up to 50,000 1,000
(ii) Above 50,000 and upto 100,000 1,000 plus 2% of amount in excess of 50,000
(iii) Above 100,000 and upto 500,000 2,000 plus 1% of amount in excess of 100,000
(iv) Above 500,000 and upto 1,000,000 6,000 plus 0.60% of amount in excess of 500,000
(v) Above 1,000,000 and upto 2,000,000 9,000 plus 0.30% of amount in excess of 1,000,000
(vi) Above 2,000,000 and upto 5,000,000 12,000 plus 0.10% of amount in excess of
2,000,000
(vii) Above 5,000,000 15,000
Note. - The administration fee of the Centre does not include the following, namely: -
(a) the disbursements and incidental expenses incurred by the Centre in connection with the arbitration;
(b) cost for usage of faciliti es and support services (for example: Hearing Rooms, Hire of Equipment,
Transcription Services and Interpretation Services), as may be applicable;
(c) Good and Services Tax (GST) as may be applicable.
(C) ARBITRATOR'S FEE – FOR EACH ARBITRATOR
S.
No. Amount in Dispute (United States Dollars or
equivalent in Indian Rupees)
[Claim + Counterclaim (if any)]
Arbitrator’s Fee (United States Dollars or equivalent in
Indian Rupees) (excluding GST)
(i) Up to 50,000 5,000
(ii) Above 50,000 and upto 100,000 5,000 plu s 10% of amount in excess of 50,000
(iii) Above 100,000 and upto 500,000 10,000 plus 6% of amount in excess of 100,000
(iv) Above 500,000 and upto 1,000,000 34,000 plus 4% of amount in excess of 500,000
(v) Above 1,000,000 and upto 2,000,000 54,000 plus 2.5% of amount in excess of 1,000,000
(vi) Above 2,000,000 and upto 5,000,000 79,000 plus 1.25% of amount in excess of 2,000,000
(vii) Above 5,000,000 and upto 10,000,000 116,500 plus 0.60% of amount in excess of 5,000,000
(viii) Above 10,000,000 and u pto 50,000,000 146,500 plus 0.10% of amount in excess of 10,000,000
(ix) Above 50,000,000 and upto 100,000,000 186,500 plus 0.025% of amount in excess of 50,000,000
(x) Above 100,000,000 200,000
Note. - The fee of the arbitrator does not include. -
(a) the expenses of the arbitrator,
(b) Good and Services Tax (GST) as may be applicable.
(D) FEE FOR EMERGENCY ARBITRATOR PROCEEDINGS
Administration fee of the Centre - United States Dollars 2,000/ -
(or equivalent in Indian Rupees)
Emergency arbitrator’s fe e - United States Dollars 15,000/ -
(or equivalent in Indian Rupees)
Note. - The fee for emergency arbitrator proceedings does not include the following, namely: -
(a) the disbursements and incidental expenses incurred by the Centre in connection wit h the Emergency
Arbitrator proceedings;
(b) the expenses of the emergency arbitrator;
(c) cost for usage of facilities and support services (for example: Hearing Rooms, Hire of Equipment,
Transcription Services and Interpretation Services)
(d) Good and Services Tax (GST) as may be applicable.
PART III - APPOINTMENT FEE IN AD -HOC ARBITRATION MATTERS
Domestic Arbitration
(a) 1 Arbitrator – Indian Rupees 5,000/ -;
(b) 2 Arbitrators – Indian Rupees 10,000/ -;
(c) 3 Arbitrators –Indian Rupees 15,000/ - ;
International Arbitration
(a) 1 Arbitrator – United States Dollars 500/- (or equivalent in Indian Rupees)
(b) 2 Arbitrators – United States Dollars 1,000/ - (or equivalent in Indian Rupees)
(c) 3 Arbitrators – United States Dollars 1,500/ - (or equivalent in Indian Rupees)
HEMANT GUPTA, Chairperson
[ADVT. -III/4/Exty./ 406/2023 -24]
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi -110064
and Published by the C ontroller of Publications, Delhi -110054.
Login to read full text