Part VIII — CONDUCT OF THE ARBITRATION
27.1 The Tribunal shall at all times actively manage the arbitration, including by:
27.1.1 identifying issues and narrowing the scope of dispute early; 27.1.2 limiting document production and witness testimony to what is necessary and proportionate; 27.1.3 encouraging procedural agreements between the parties; 27.1.4 using written, oral, and technological means as appropriate to reduce cost and delay; 27.1.5 enforcing the procedural calendar.
Part VIII — CONDUCT OF THE ARBITRATION
28.1 The Tribunal shall determine the admissibility, relevance, materiality, and weight of evidence.
28.2 Document production shall be proportionate. The Tribunal may have regard to the IBA Rules on the Taking of Evidence in International Arbitration, 2020, for guidance but shall not be bound by them.
28.3 Witness evidence shall, unless the Tribunal otherwise directs, be given first by written statement. The witness shall attend examination unless excused by the Tribunal.
28.4 Expert evidence shall be identified at the earliest case management conference and confined to genuinely contested technical or specialised issues. Joint expert reports and expert conferencing (hot-tubbing) shall be preferred.
Part VIII — CONDUCT OF THE ARBITRATION
29.1 Purpose. This Article separates the evidence-taking stage from the main hearing and records evidence through a certified institutional mechanism that produces an authenticated transcript, tamper-evident recording, and exhibit register. Post-award disputes about the integrity of the evidence record are a frequent delay vector at setting-aside and enforcement stages; the Certified Mechanism addresses that vector directly.
29.2 Procedure.
29.2.1 On close of Pre-Evidence Discovery, the Tribunal shall fix the Evidence Stage dates by procedural order. 29.2.2 The Evidence Stage shall be conducted in a Lex Arbitrate Evidence Room (physical or virtual) with: (a) official transcription by an approved transcription service; (b) tamper-evident audio-video recording with hash-sealed segments; (c) an exhibit register maintained in real time by the case manager; (d) digital signature of each witness on the statement and on the transcript at the close of examination; (e) institutional timestamping. 29.2.3 At the close of the Evidence Stage, the Registrar shall issue a Certificate of Evidence Stage recording the dates, witnesses examined, documents exhibited, hashes of the recording and transcript, and any Tribunal directions.
29.3 Institutional Control. The Tribunal is master of the evidence. The recording, transcription, timestamping, and exhibit register are institutional functions. This separation protects the integrity of the evidence record.
29.4 Applicability.
29.4.1 Mandatory for Standard Commercial and Complex-Commercial Tracks. 29.4.2 Optional but recommended for Express Track. 29.4.3 At the Tribunal’s direction for Small-Value Track.
29.5 Integration with Section 65B. The Certificate of Evidence Stage is a Section 65B-compliant institutional certificate for electronic evidence admitted during the Evidence Stage.
Part I — SCOPE, DEFINITIONS, AND INSTITUTIONAL ROLE
1.1 These Rules apply to any arbitration where the parties have agreed to refer their disputes to Lex Arbitrate, or to arbitration under the Arbitration Rules of Lex Arbitrate, or to arbitration administered by Lex Arbitrate, or have used any similar reference.
1.2 These Rules apply as in force on the date of commencement of arbitration, unless the parties have agreed that an earlier version shall apply.
1.3 These Rules apply whether the arbitration is seated in India or, subject to Article 1.4, outside India.
1.4 Where the seat of arbitration is outside India, these Rules apply subject to the mandatory law of that seat.
1.5 These Rules apply to both commercial and non-commercial arbitrations, domestic and international, and to disputes of any value, subject to the Track allocation under Part IV.
1.6 Parties who have referred their dispute to Lex Arbitrate in the first instance may invoke, in addition to arbitration, any of the integrated ADR tracks recognised under Part XI (Integrated ADR Track Directory).
Part I — SCOPE, DEFINITIONS, AND INSTITUTIONAL ROLE
In these Rules, unless the context otherwise requires:
2.1 “Act” means the Arbitration and Conciliation Act, 1996 (as amended from time to time).
2.2 “ADR” means alternative dispute resolution and includes negotiation, mediation, arbitration, expert determination, Arb-Med-Arb, Med-Arb, and online dispute resolution as administered under these Rules and complementary Protocols.
2.3 “Award” means any decision of the Arbitral Tribunal on the substance of the dispute, including any interim, partial, preliminary, consent, or final award.
2.4 “Centre” means Lex Arbitrate, the institutional arbitration centre administering proceedings under these Rules.
2.5 “Claim” includes counterclaim, and “Defence” includes defence to counterclaim, unless otherwise indicated.
2.6 “Claimant” means the party or parties commencing arbitration, and “Respondent” means the party or parties against whom arbitration is commenced.
2.7 “Consolidated Edition” means this Edition v1.2 of the Rules, being the sole operative instrument with effect from the Effective Date.
2.8 “Court” means a court of competent jurisdiction at the seat of arbitration.
2.9 “Emergency Arbitrator” has the meaning given in Article 17.
2.10 “Evidence Stage” means the Separate Evidence Stage conducted under Article 29 with the Certified Mechanism.
2.11 “Institutional Review Panel” has the meaning given in Article 47.
2.12 “Mediation Act” means the Mediation Act, 2023.
2.13 “Party” means a party to the proceeding.
2.14 “Pre-Evidence Discovery” means the protocol under Article 24.
2.15 “Registrar” means the Registrar of Lex Arbitrate or any person acting in that capacity.
2.16 “Request” means the Request for Arbitration under Article 4.
2.17 “Rules” means these Arbitration Rules of Lex Arbitrate, Consolidated Edition v1.2, as may be amended from time to time.
2.18 “Seat” means the juridical seat of arbitration designated under Article 34.
2.19 “Schedule I” means the Schedule of Fees and Costs under these Rules, as notified by the Centre.
2.20 “Secretariat” means the administrative organ of the Centre acting under the supervision of the Registrar.
2.21 “Tribunal” means a sole arbitrator or all the arbitrators when more than one is appointed.
2.22 “Writing” includes communication by electronic means, including email and the secure institutional filing portal.
Part I — SCOPE, DEFINITIONS, AND INSTITUTIONAL ROLE
3.1 The Centre administers proceedings conducted under these Rules. The Centre shall not itself decide any dispute but shall exercise the powers conferred on it by these Rules to facilitate the efficient conduct of arbitration and integrated ADR.
3.2 The functions of the Registrar include:
3.2.1 receiving and acknowledging the Request for Arbitration and all subsequent filings; 3.2.2 facilitating the constitution of the Tribunal; 3.2.3 fixing, collecting, and disbursing deposits, fees, and costs under Schedule I; 3.2.4 monitoring compliance with procedural timelines and invoking the Timeline Enforcement Protocol where required; 3.2.5 operating the Certified Mechanism for the Separate Evidence Stage under Article 29; 3.2.6 administering the cost consequence for late production under Article 33; 3.2.7 communicating with the parties and the Tribunal on administrative matters; 3.2.8 taking such other steps as are necessary for the efficient administration of the proceeding.
3.3 The Registrar shall act independently, impartially, and in confidence. No officer of the Secretariat shall act as arbitrator, counsel, witness, or expert in any proceeding administered by the Centre.
3.4 The Centre and its officers shall not be liable to any party for any act or omission in connection with a proceeding administered under these Rules, save for liability that cannot be excluded under applicable law.
—
Part II — COMMENCEMENT OF ARBITRATION
6.1 Joinder. The Registrar may, before the constitution of the Tribunal, and the Tribunal may, thereafter, permit the joinder of an additional party where:
6.1.1 the additional party is prima facie bound by the arbitration agreement; or 6.1.2 all parties, including the additional party, consent in writing.
6.2 Consolidation. The Registrar may consolidate two or more arbitrations pending under these Rules into a single arbitration where:
6.2.1 all parties have agreed to consolidation; 6.2.2 all claims are made under the same arbitration agreement; or 6.2.3 the arbitrations involve the same parties, the disputes arise in connection with the same legal relationship, and the arbitration agreements are compatible.
6.3 Multi-Contract Claims. A party may make claims arising out of or in connection with more than one contract in a single Request, provided that all such claims are made under arbitration agreements compatible with these Rules and with each other.
6.4 The Registrar shall decide applications under this Article after inviting brief written submissions from all affected parties. The decision of the Registrar is administrative and does not prejudice any jurisdictional determination by the Tribunal.
—
Part III — THE ARBITRAL TRIBUNAL
7.1 The Tribunal shall consist of a sole arbitrator or three arbitrators as the parties have agreed.
7.2 Absent party agreement, the Registrar shall determine the number of arbitrators, having regard to:
7.2.1 the complexity of the dispute; 7.2.2 the amount in dispute; 7.2.3 the Track allocated under Part IV; 7.2.4 the preferences expressed by the parties; and 7.2.5 efficient and cost-effective resolution.
7.3 For Small-Value Track and Express Track proceedings under Part IV, the Tribunal shall consist of a sole arbitrator, save in exceptional circumstances as determined by the Registrar for good cause recorded in writing or on joint party election.
Part III — THE ARBITRAL TRIBUNAL
8.1 Every arbitrator shall be and remain independent and impartial.
8.2 Every arbitrator shall have the qualifications agreed by the parties or, absent such agreement, such qualifications as the Registrar considers appropriate having regard to the nature of the dispute.
8.3 For international commercial arbitrations, the sole or presiding arbitrator shall be of a nationality other than that of any party, unless the parties otherwise agree in writing.
8.4 Arbitrators appointed under these Rules shall be drawn, wherever reasonably possible, from the Lex Arbitrate Panel of Arbitrators. The Registrar may appoint an arbitrator outside the Panel where the dispute so requires, subject to the qualifications and disclosure requirements under these Rules.
Part III — THE ARBITRAL TRIBUNAL
9.1 Where the Tribunal is to consist of a sole arbitrator, the parties shall jointly nominate the arbitrator within fifteen (15) days of the filing of the Answer.
9.2 Failing joint nomination, the Registrar shall appoint the sole arbitrator.
9.3 In making any appointment, the Registrar shall have regard to the factors set out in Article 7.2 and to the requirement that the arbitrator be able to commit to the timelines under these Rules.
Lex Arbitrate is an institutional centre for arbitration, mediation, and negotiation, operating under its Consolidated Rulebook.
Nothing on this website constitutes legal advice or solicitation under Rule 36 of the Bar Council of India Rules. Institutional communications are issued only by the Registry.
By continuing, you confirm that you have approached this website of your own accord and that no form of solicitation has been offered.