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  • Article 33: Cost Consequence

    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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  • Article 32: Confidentiality

    Part VIII — CONDUCT OF THE ARBITRATION

    32.1 All information relating to the proceeding and all awards, orders, and communications shall be confidential, save:

    32.1.1 as required for the enforcement or challenge of the award; 32.1.2 as required by law or regulatory authority; 32.1.3 as disclosed with the written consent of all parties.

    32.2 The Centre may, for institutional learning and quality assurance, publish redacted and anonymised summaries of awards, panel-challenge decisions, Emergency Arbitrator orders, and other institutional decisions. Any party may opt out in writing before the award.

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  • Article 31: Hearings

    Part VIII — CONDUCT OF THE ARBITRATION

    31.1 Hearings shall be scheduled by the Tribunal in consultation with the parties and shall be held on consecutive days to the greatest extent possible.

    31.2 Hearings may be conducted physically, virtually, or in hybrid form. The mode shall be determined by the Tribunal having regard to efficiency, cost, and the nature of the evidence.

    31.3 Hearings shall be conducted in private. The Tribunal may permit the attendance of observers only with the consent of all parties.

  • Article 30: Fast-Track Evidence Procedure

    Part VIII — CONDUCT OF THE ARBITRATION

    30.1 In Express and Standard Commercial Track proceedings, the Tribunal may direct a Fast-Track Evidence Procedure combining the integrity of the Certified Mechanism with an accelerated timeline.

    30.2 Procedure.

    30.2.1 Written witness statements in chief shall be served in advance. 30.2.2 There shall be no examination-in-chief unless the Tribunal expressly directs. 30.2.3 Cross-examination shall be compressed to Tribunal-set slots per witness. 30.2.4 Re-examination shall be permitted only with leave. 30.2.5 Expert witnesses shall be heard by hot-tubbing as default, with Tribunal-led conferral and simultaneous cross-examination.

    30.3 Duration.

    30.3.1 In Express Track: not exceeding five (5) hearing days. 30.3.2 In Standard Commercial Track: not exceeding ten (10) hearing days.

    30.4 Costs. The Fast-Track Evidence Procedure reduces hearing-day fees correspondingly; Schedule I fees are calibrated per hearing day.

  • Article 25: Seat and Venue

    Part VIII — CONDUCT OF THE ARBITRATION

    25.1 The seat of arbitration shall be as agreed by the parties.

    25.2 Failing agreement, the Registrar shall determine the seat, having regard to:

    25.2.1 the parties’ preferences; 25.2.2 the location of the subject matter and witnesses; 25.2.3 the governing law of the contract; 25.2.4 the neutrality and enforceability considerations applicable.

    25.3 Hearings may be held at any venue convenient to the Tribunal and the parties, without prejudice to the seat.

  • Article 22: Statement of Claim, Defence, and Further Pleadings (Standard Commercial, Complex-Commercial, and International Proceedings)

    Part VIII — CONDUCT OF THE ARBITRATION

    22.1 The Statement of Claim shall be filed within thirty (30) days of the constitution of the Tribunal and shall set out:

    22.1.1 the facts supporting the claim; 22.1.2 the legal grounds relied on; 22.1.3 the relief sought; 22.1.4 a list of documents relied on, with copies annexed; 22.1.5 a statement of quantum with supporting material.

    22.2 The Statement of Defence (and Counterclaim, if any) shall be filed within thirty (30) days of the Statement of Claim and shall mirror the contents prescribed under Article 22.1 in respect of the defence and counterclaim.

    22.3 The Reply to Counterclaim shall be filed within twenty-one (21) days.

    22.4 Rejoinder pleadings, if any, shall be permitted only with leave of the Tribunal, for good cause recorded in writing, and shall be strictly confined to matters arising out of the earlier pleading.

  • Article 21: General Provisions

    Part VIII — CONDUCT OF THE ARBITRATION

    21.1 The Tribunal shall conduct the arbitration in such manner as it considers appropriate, subject to these Rules and the mandatory provisions of the law of the seat.

    21.2 The Tribunal shall, at all times:

    21.2.1 treat the parties equally; 21.2.2 give each party a full and reasonable opportunity to present its case; 21.2.3 avoid unnecessary delay or expense; 21.2.4 provide a fair, efficient, and expeditious process for the resolution of the dispute.

  • Article 29: Separate Evidence Stage with Certified Mechanism

    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.

  • Article 28: Evidence: General

    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.

  • Article 27: Active Case Management

    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.