Part VIII — CONDUCT OF THE ARBITRATION
26.1 The language of the arbitration shall be as agreed by the parties. Failing agreement, the language shall be English.
26.2 The Tribunal may direct that any document filed in a language other than the language of the arbitration be accompanied by a translation.
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 III — THE ARBITRAL TRIBUNAL
11.1 Where there are multiple Claimants or multiple Respondents, the multiple Claimants jointly and the multiple Respondents jointly shall nominate one arbitrator each.
11.2 Failing a joint nomination, the Registrar shall appoint all three arbitrators and designate the presiding arbitrator.
Part III — THE ARBITRAL TRIBUNAL
12.1 Confirmation. Every nominee arbitrator shall be confirmed by the Registrar before assuming office. Confirmation shall be granted on receipt of a signed Statement of Acceptance, Availability, Independence, and Impartiality in the form prescribed by the Centre.
12.2 Disclosure. Every arbitrator shall disclose, before accepting appointment and on a continuing basis thereafter, any circumstance likely to give rise to justifiable doubts as to independence or impartiality, including the circumstances set out in the Fifth and Seventh Schedules to the Act and any circumstance falling within the Orange or Red Lists of the IBA Guidelines on Conflicts of Interest in International Arbitration, 2024.
12.3 Grounds for Challenge. An arbitrator may be challenged if:
12.3.1 circumstances exist that give rise to justifiable doubts as to independence or impartiality; 12.3.2 the arbitrator does not possess the qualifications agreed by the parties; or 12.3.3 the arbitrator has, without cause, failed to meet timelines or act within the scope of authority.
12.4 Procedure. A challenge shall be made in writing to the Registrar within fifteen (15) days of the challenging party becoming aware of the grounds for challenge. The Registrar shall invite brief submissions from the challenged arbitrator and the other parties, and shall decide the challenge within twenty-one (21) days by reasoned decision. The decision of the Registrar is final for the purposes of the administration of the arbitration but shall not prejudice any right of recourse under the Act.
12.5 Replacement. Where an arbitrator is removed, resigns, or is unable to act, a replacement shall be appointed by the same method as the original appointment. The Tribunal, once reconstituted, shall determine whether and to what extent prior proceedings shall stand.
12.6 Screened Appointment. On joint party election, the Registrar shall operate a screened appointment mechanism in which the party making a nomination does not communicate that nomination to the nominee, the appointment being communicated by the Registrar. The mechanism is available on all Tracks.
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Part IV — TRACK ALLOCATION AND PROPORTIONATE PROCEDURE
13.1 Every arbitration administered under these Rules shall be allocated, at commencement, to one of four Tracks:
| Track | Indicative Dispute Value (INR) | Target Award Period | Default Tribunal | |—|—|—|—| | Small-Value | Below INR 50 lakh | 3 months from constitution, extendable once by 30 days | Sole arbitrator | | Express | INR 50 lakh to INR 5 crore | 6 months from constitution, extendable once by 60 days | Sole arbitrator; three-member on party election | | Standard Commercial | INR 5 crore to INR 50 crore | 12 months from constitution, extendable per Article 23 | Sole or three-member on party election | | Complex-Commercial | Above INR 50 crore, or Registrar-designated for complexity | 18 months from constitution, extendable per Article 23 | Three-member, unless parties jointly elect sole |
13.2 The Registrar shall propose the Track within five (5) business days of receipt of the Answer, having regard to:
13.2.1 the amount in dispute; 13.2.2 the complexity and novelty of the legal and factual issues; 13.2.3 the number of parties; 13.2.4 the urgency of relief sought; 13.2.5 the parties’ agreement, if any; and 13.2.6 efficient and cost-effective resolution.
13.3 A party may object to the proposed Track within seven (7) days. The Registrar shall decide the objection within a further seven (7) days after inviting brief submissions. The decision is administrative and may be revisited by the Tribunal on its own initiative or on application of a party for good cause shown.
13.4 Opt-In and Opt-Out. Parties may, by joint written election before tribunal constitution, opt into any Track irrespective of pecuniary band, provided the election is reasoned and the Registrar is satisfied that the election is consistent with the interests of fair and expeditious resolution.
13.5 Migration. The Tribunal may, on its own motion or on application, direct migration between Tracks where the facts developed after commencement show that the original Track is unsuitable. Migration is by reasoned order after hearing the parties.
Part IV — TRACK ALLOCATION AND PROPORTIONATE PROCEDURE
14.1 Irrespective of Track, every arbitration administered under these Rules shall observe:
14.1.1 the Timeline Enforcement Protocol under Article 23; 14.1.2 the duty of active case management under Article 27; 14.1.3 the obligation to maintain a consolidated procedural calendar from the first case management conference; 14.1.4 the Pre-Evidence Discovery Protocol under Article 24, as modulated by Track; 14.1.5 the disclosure and confidentiality obligations under Part IX; 14.1.6 the fee structure under Schedule I as applicable to the Track.
Part IV — TRACK ALLOCATION AND PROPORTIONATE PROCEDURE
15.1 Small-Value Track. Documents-only by default. The Tribunal may direct a short hearing where natural justice so requires. Pleadings shall be compressed: Statement of Claim within ten (10) days of constitution; Statement of Defence within ten (10) days of Claim; Reply to Counterclaim within seven (7) days. The award shall be reasoned but may be in summary form.
15.2 Express Track. Pleadings in compressed form: Statement of Claim within fifteen (15) days of constitution; Statement of Defence (and Counterclaim, if any) within fifteen (15) days of Claim; Reply to Counterclaim within ten (10) days. One oral hearing of up to three days unless the Tribunal directs otherwise. Fast-Track Evidence Procedure under Article 30 applies by default.
15.3 Case Management. A single case management conference shall be held within ten (10) days of constitution in Small-Value and Express Tracks, at which the Tribunal shall issue the procedural calendar for the whole arbitration.
15.4 Fees. Fees for Small-Value and Express Tracks are calibrated on Schedule I to deliver proportionate cost to proportionate dispute.
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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).
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