Blog

43.1 Within thirty (30) days of receipt of the award, a party may request the Tribunal to:

43.1.1 correct any computational, clerical, typographical, or similar error; 43.1.2 give an interpretation of a specific point or part of the award; 43.1.3 make an additional award as to claims presented in the arbitration but omitted from the award.

43.2 The Tribunal shall decide any such request within thirty (30) days.

42.1 The Tribunal shall, in the final award, fix the costs of the arbitration and decide which party shall bear them.

42.2 Costs include:

42.2.1 the fees and expenses of the arbitrators under Schedule I; 42.2.2 the administrative fees and expenses of the Centre under Schedule I; 42.2.3 the reasonable legal and other costs incurred by the parties; 42.2.4 the fees and expenses of experts, witnesses, and third-party service providers; 42.2.5 any cost consequence under Article 33.

42.3 The Tribunal shall apportion costs having regard to the outcome, conduct of the parties, compliance with the procedural calendar, and the Timeline Enforcement Protocol record.

41.1 Before signing a final award, the Tribunal shall submit the draft award to the Registrar for institutional scrutiny.

41.2 Scrutiny is limited to:

41.2.1 form and completeness; 41.2.2 arithmetical accuracy of costs and amounts; 41.2.3 consistency with the record and with the procedural history; 41.2.4 compliance with the statutory requirements of Section 31 of the Act.

41.3 Scrutiny shall not interfere with the Tribunal’s decision on the merits. The Registrar may draw the Tribunal’s attention only to matters of form and completeness. The Tribunal retains the sole power of decision.

41.4 Scrutiny shall be completed within fifteen (15) days.

40.1 The Tribunal shall render the final award within the target period applicable to the Track under Article 13, calculated from constitution.

40.2 The Registrar may, on application of the Tribunal and for good cause recorded in writing, extend the period. Extensions shall be the exception, not the rule, and shall be counted against the Tribunal’s performance record maintained by the Centre.

40.3 Where the Tribunal exceeds the period without an extension, the Registrar shall invoke Level 4 of the Timeline Enforcement Protocol.

39.1 Where the Tribunal consists of more than one arbitrator, any award or other decision shall be made by a majority. In the absence of a majority, the presiding arbitrator shall decide.

39.2 The award shall be in writing, shall state the reasons on which it is based unless the parties have agreed otherwise or it is an award on agreed terms, and shall be signed by the arbitrators.

39.3 The award shall state its date and the seat of arbitration.

38.1 Where the parties jointly and expressly so elect in writing, a mediator may subsequently serve as arbitrator in the same dispute (Med-Arb), subject to:

38.1.1 written informed consent of all parties, recorded after full disclosure of the risks and safeguards; 38.1.2 disclosure by the mediator of any circumstance within the Orange or Red Lists of the IBA Guidelines on Conflicts of Interest, 2024, which shall be treated for this purpose as a mandatory disclosure trigger; 38.1.3 a clean break between mediation and arbitration, recorded by procedural order, including a statement that ex parte communications during the mediation phase shall not influence the arbitral determination; 38.1.4 continuing confidentiality of the mediation communications, save as disclosed with written consent.

38.2 Where, in the Tribunal’s or Registrar’s view, the integrity of the arbitration cannot be preserved notwithstanding the safeguards, the Registrar shall decline to confirm the Med-Arb appointment.

—

37.1 At any stage, the parties may jointly request that the arbitration be stayed to permit mediation under the Lex Arbitrate Mediation Rules.

37.2 The arbitration shall be stayed for a period not exceeding sixty (60) days, extendable once on joint application.

37.3 If the mediation results in a settlement, the settlement shall, at the parties’ request, be recorded by the Tribunal as an award on agreed terms.

37.4 If the mediation does not result in a settlement, the arbitration shall resume from the stage at which it was stayed.

37.5 Except with the written consent of all parties, the mediator shall not serve as arbitrator in the same or any related dispute, and the arbitrator shall not serve as mediator.

36.1 The Centre administers the following integrated ADR tracks; parties may invoke any of them in the first instance or, where appropriate, migrate between them under institutional supervision:

36.1.1 Structured Negotiation. Institution-facilitated, time-boxed at twenty-one (21) or forty-five (45) days. A negotiation convenor is appointed from the Mediator Panel. Exit to mediation or arbitration is by party election.

36.1.2 Mediation. Under the Mediation Act, 2023. Two sub-tracks: Commercial Mediation and Pre-Litigation Mediation under Section 12A of the Commercial Courts Act, 2015, where applicable.

36.1.3 Arbitration. Under these Rules, in the four Tracks under Part IV.

36.1.4 Arb-Med-Arb. Under Article 37.

36.1.5 Med-Arb. Under Article 38.

36.1.6 Emergency Arbitrator. Under Article 17.

36.1.7 Two-Tier Institutional Review. Under Part XII.

36.1.8 Online Dispute Resolution (ODR).

(a) Commercial ODR: a documents-only sole-arbitrator procedure for low-value, uncomplicated-fact disputes, operated on the institutional filing portal. (b) Consumer ODR: high-volume, standardised ODR for consumer-platform disputes under the Consumer Protection (E-Commerce) Rules, 2020, read with the Consumer Protection Act, 2019.

36.1.9 Expert Determination. Under the Expert Determination Protocol.

35.1 The Tribunal shall, at the first case management conference and at subsequent appropriate stages, enquire whether the parties wish to explore settlement or mediation, and shall facilitate such exploration without pressure on either party.

34.1 The parties may settle their dispute at any stage. The Tribunal shall, at the request of the parties, record the settlement as an award on agreed terms under Section 30 of the Act, provided the settlement is not contrary to law or public policy.