Rules of Arbitration

1 Indian Council of ArbitrationINDIAN COUNCIL OF ARBITRATIONI ndia's Apex Arbitral InstitutionGiving Unmatched Services; Independence; Integrity & CredibilityRules of Arbitration & Conciliation(As Amended On and With Effect From May 8, 2012)Institutional Arbitration Clause saves time and prevents complication Choose ICA Rules of Arbitration / Rules of Conciliation and Venue as India5000 Members: Corporates; Institutions2000 Arbitration Cases Administered 46 International Mutual Cooperation Agreements 2000 expert Arbitrators including Foreign Nationals on its Panel8 Branch Offices having Pan India NetworkTime Tested Rules of Arbitration /Conciliation/ MaritimeInfrastructure with Ultra Modern FacilitiesOrganises Conferences/Seminars Colloquiums/ Training CoursesConstant interface with Govt. & apex Legal Institutions viz. Judicial Academies, ICAI, ICSI, IIFT, IE, NALSAM ember, International Federation of Commercial Arbitration Institutions (IFCAI) and Founder Member, Asia Pacific Regional Arbitration Group (APRAG)On the Commission on Arbitration of International Chamber of Commerce (ICC)Assisted in establishing SAARC Arbitration CouncilHosted ICCA /ICC /UNCITRAL and WIPO ConferencesHost for the IFCAI 2007 International ConferenceMinistry of Commerce, GOI recommended use of ICA Arbitration Clause to all Govt.

2 And State , Corporates including Multinational CompaniesMinistry of Shipping, GOI recommended use of ICA maritime Arbitration Clause in Charter Party AgreementsMinistry of Commerce Grants for Promotional ActivitiesGovernment Nominees on ICA Governing Body/ Arbitration / maritime Committees from Ministries of Commerce/Law/External Affairs/ Shipping,GOI & SCOPEI nstrumental in bringing out Reforms in Arbitration Law appeared before Law Commission/Parliamentay & Other Expert contributed by Prominent Arbitration ExpertsINTERNATIONAL NETWORKGOVERNMENTRECOGNITION:LEGISLATURE QUARTERLY JOURNALI nternational Mutual Co-operation Agreements between ICA and Foreign Arbitral Board of Trade of Korean Commercial Arbitration Yugoslav Chamber of Economy, Bulgarian Chamber of Commerce & Industry, Chambers of Commerce and Industry of the socialist Republic of International Chamber of Commerce, The Court of Arbitration of the International Chamber of Commerce, The Indian National Committee of the International Chamber of Asian-African Legal Consultative Committee, The Regional Centre for Arbitration at Kuala Scottish Council for Arbitration Australian Centre for International Commercial Nederlands Arbitrage Instituut, Arbitration Institute of the Stockholm chamber of Commerce.

3 American Arbitration Danish Committee of International Permanent Arbitration Court of the Mauritius Chamber of commerce and Industry Chamber of Commerce and Industry of the Russian German Institution of Cairo Regional centre for International Commercial Arbitration Court Attached to the Economic chamber of the Czech Republic Swiss Arbitration Cameroon committee of Arbitration , Arbitration Arbitration association, Athens, Tokyo maritime Arbitration Commission of the Japan Shipping Exchange, Philippine dispute resolution Center, Arbitration Centre of the Institute for the Development of Commercial Law & Practice Association of Arbitrators, South Chartered Institute of Arbitrators, London Court of International Chamber of National and International Arbitration of Greek Arbitration Association, Athens, Aritration Council Legal Seat, Milan, Association of arbitrators of Nigeria, Lagos, WIPO Arbitration and Mediation Center World Intellectual Property Organization, Geneva China International Economic and Trade Arbitration Chartered Institute of Arbitrators, Kenya Polish Arbitration Association, Commercial Arbitration Centre, Bahrain centre for International Commercial Arbitration (BACICA), Federation of Bangladesh Chambers of Commerce & Industry, Arbitration Association of the Republic of kong International Arbitration Centre, hong Chamber of National & International Arbitration , Venice (Italy)43.

4 Central Chamber of Commerce of Finland 44. Arbitration Centre of the Caracas Chamber of Commerce & Industry, Venezuela 45. International Arbitral Centre of the Austrian Federal Economic Chamber, Vienna, of Arbitration Courts of UzbekistanInternational PartnersINDIAN COUNCIL OF Arbitration (20)Waiver of Rules26(21)Return of Documents26(22)Award27(23)Filing of Award29(24)Stamp Duties29(25)Copies of Proceedings29(26)Cases Withdrawn30(27)Indemnity of Secretariat and Arbitrators30(28)Amendment of FOR ARBITRATORS 31 AND PARTIES(1)For Arbitrators32(2)For Parties34(3)For Arbitration CODE OF OF CONCILIATION42(1)Preliminary42(2)Definit ions43 Part-A Rules of Procedure for Conciliation 43(3)Commencement of Conciliation Proceedings43(4)Number and appointment of Conciliators44(5)Submission of Statement of Conciliator45(6)Representation and Assistance45(7)Role of Conciliator45(8)Administrative Services46(9)Communication between Conciliator and OF THE MINISTRY 2OF COMMERCE, GOVERNMENT OF INDIA FOR USING ICA Arbitration , CONCILIATION4& maritime Arbitration CLAUSES OF ARBITRATION6(1)Definitions6(2)

5 Arbitration Committee7(3) Rules Applicable8(4)Interpretation of the Rules9(5)Panel of Arbitrators9(6)Duties of the Registrar10(7)Initiation of Arbitration11(8)Defence Statement12(9)Counter-Claim and Reply to Counter-Claim12(10)Copies of Statements, (11)Constitution of the Arbitral Tribunal13(12)Deposits16(13)Fees and Expenses17(14)Submission of the Case to the21 Arbitral Tribunal(15)Notifications and/or Communications 21from the Registrar(16)Amendment of Claims, (17)Place of Arbitration22(18)Proceedings Before the Arbitral 22 Tribunal Conciliation(19)Fast Track Arbitration22 CONTENTSTOPICPageTOPICPage(26)Fees and Expenses53(27)Schedule of Fees54(28)Amendments of COUNCIL OF Arbitration 56 AND ITS SERVICES(1)Introduction 56(2) Rules of Arbitration of ICA56(3)ICA Arbitration Clause56(4)Fast Track Arbitration57(5) Rules of Conciliation57(6) Rules of maritime Arbitration57(7)ICA Code of Conduct57(8)ICA Service Agreements with Foreign 58 Arbitral Organizations(9)Online Service of ICA58(10)Regional and Ssate-Level Offices of ICA58(11)ICA Arbitration Quarterly58(12)Membership of ICA and Its Benefits58(10)Disclosure of Information47(11)Cooperation of parties with Conciliator47(12)Suggestions by parties for settlement of dispute47(13)Settlement Agreement47(14)Confidentiality48(15)Term ination of Conciliation Proceedings48(16)Resort to Arbitral or Judicial Proceedings48(17)Costs48(18)Deposit49(19 )Role of Conciliator in other proceedings49(20)Admissibility of evidence in other proceedings50(21)Interpretation and application50 Part-B Services for Procedure under the 50 Rules of Conciliation(22)Services for Procedure 50(23)Services as the Registry50(24)Services as recommending or 51appointing authority(25)Administrative Services52 CONTENTSTOPICPageTOPICPageINDIAN COUNCIL OF ARBITRATIONRECOMMENDATIONS OFMINISTRY OF COMMERCEFOR USING ICAARBITRATION SERVICESINDIAN COUNCIL OF ARBITRATION2stNew Delhi, the 1 June, 1999 Office Memorandum No.

6 37(1)/98-TPD, Ministry of Commerce, Govt. of : Utilization of services of the India Council of Arbitration in Resolving Commercial the expansion of world trade and with more Indian and foreign corporations entering into trade agreements, the potential for international business disputes has risen significantly. Increasingly companies are using international commercial Arbitration to resolve their international contract problems. Arbitration offers many advantages to the resolution of international business disputes . It offers privacy; freedom from national courts and strict application of national procedural law; freedom to choose one's arbitrator, space of Arbitration and Rules to govern Arbitration proceedings and a flexible, informal procedure, often more conducive to settlement and less adversarial than litigation. Treaties and conventions ensure simple and expeditious enforcement of foreign arbitral agreement and awards virtually all over the world. International Arbitration today is an important tool of the international business community and serves to resolve a wide variety of transnational commercial is noticed that many Indian parties while making business transactions do not have agreements in writing with foreign parties.

7 In cases where the agreement is in writing, the Arbitration clause is not included in the contract. In case Arbitration clause has been used, no reference is mode to the institutional Arbitration . Instead ad hoc Arbitration issued for resolving the dispute. Ad hoc Arbitration proceedings often suffer from innumerable legal and practical problems which cause inordinate delays and cost in actual practice. This is because ad hoc arbitrations do not have the advantage of any Arbitration machinery set up under the comprehensive Rules of procedures of an arbitral Indian Council of Arbitration has its own Rules of Arbitration and provide Arbitration services nationally and internationally. The Council also has a large number of eminent and experienced persons in the law and practice of international Arbitration on its panel of arbitrators. The panel not only includes persons from India but also from the foreign countries. The ICA panel has been used on a number of occasions by courts and ICC Arbitration cases , you may like to consider recommending to the concerned department in your organization to use the Indian Council of Arbitration clause of Arbitration indicated below in all business contracts entered with any party in India or abroad.

8 Any dispute of difference whatsoever arising between the parties out of or relating to the construction, meaning, scope, operation or effect of this contract or the validity or the breach thereof shall be settled by Arbitration in accordance with the Rules of Arbitration of the Indian Council of Arbitration and the award made in pursuance thereof shall be binding on the parties .The above Arbitration clause could be used in all commercial contracts concluded by all commercial department under your organization so that the ICA may be able to assist through Arbitration /mediation for economical and expeditious settlement of disputes that may arise under the contract in the enactment of the Arbitration and Conciliation Act, 1996, the ICA brought out a study comparing the old and the new law. A copy of the study on the Arbitration and Conciliation Law in India which compares the main features of the old and new law of Arbitration is enclosed (copy available on request to ICA)Sd/-( Chandrasekhar)Joint Secretary to Govt.

9 Of Ministries/Deptts. Of Government of Public Sector Undertaking/EPCs/Commodity Boards under Ministry of and Territoria Division in the Ministry of CommerceRECOMMENDATION OF THE MINISTRY OFCOMMERCE, GOVERNMENT OF INDIA FORUSING ICA Arbitration SERVICEINDIAN COUNCIL OF ARBITRATIONARBITRATION,CONCILIATION & maritime CLAUSESINDIAN COUNCIL OF ARBITRATIONICA COMMERCIAL Arbitration ,CONCILIATION & MARITIMEARBITRATION CLAUSES4 The Indian Council of Arbitration recommends to all parties, desirous of making reference to Arbitration by the Indian Council of Arbitration , the use of the following Arbitration clause in writing in their contracts:"Any dispute or difference whatsoever arising between the parties out of or relating to the construction, meaning, scope, operation or effect of this contract or the validity or the breach thereof shall be settled by Arbitration in accordance with the Rules of Arbitration of the Indian Council of Arbitration and the award made in pursuance thereof shall be binding on the parties.

10 "ICA Arbitration CLAUSENote: Parties may have to consider adding the following:(a) The number of conciliator(s) shall (b)The language of the conciliation proceedings will be ..(c)Specific qualifications of the conciliator(s) including, but not limited to, language, nationality, technical qualifications and to a contract, who agree to resolve their contractual disputes in accordance with the ICA Rules of Conciliation and to have the ICA act as appointing authority and/or to provide administrative services, may use the following clause: If a dispute arises out of or in connection with this contract, or in respect of any defined legal relationship associated therewith or derived therefrom, the parties agree to seek an amicable settlement of that dispute by conciliation under the ICA Rules of Conciliation. The authority to appoint the conciliator/conciliators shall be the Indian Council of Arbitration . The Indian Council of Arbitration will provide administrative service in accordance with the ICA Rules of Conciliation.