Part IX — COST CONSEQUENCE FOR LATE PRODUCTION
33.1 Principle. Late production of documents causes delay, prejudice, and avoidable cost. This Article imposes a structured cost consequence.
33.2 Scale of Consequence (cumulative, subject to Tribunal discretion):
33.2.1 First instance of late production after Pre-Evidence Discovery close: formal Tribunal observation on record; no cost consequence. 33.2.2 Second instance: the defaulting party bears (a) the additional cost of the other party’s review; (b) any Tribunal-directed reconvening cost; and (c) an institutional administrative charge of INR 25,000 per late document or category, payable to the Centre. 33.2.3 Third and subsequent instances: the costs of the entire Pre-Evidence Discovery Stage may be redirected against the defaulting party, and the Tribunal may adjust the Tribunal-cost allocation in the final award.
33.3 Tribunal Discretion. The Tribunal retains full discretion on the application of this Article, including to waive consequences for good cause shown. The scale operates as a default against which the Tribunal exercises discretion; it is not automatic.
33.4 Publication. The institutional administrative charge is paid to the Centre and accounted for in the Annual Aggregate Report in aggregated (not party-identified) form.
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