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
24.1 The Tribunal shall hold a case management conference within twenty-one (21) days of its constitution, or within ten (10) days in Small-Value or Express Track proceedings.
24.2 At the case management conference, the Tribunal shall, in consultation with the parties:
24.2.1 fix the procedural calendar, including dates for pleadings, Pre-Evidence Discovery, Evidence Stage, hearings, and award; 24.2.2 identify the preliminary issues, if any, for determination under Article 19; 24.2.3 consider whether the arbitration is suitable for Arb-Med-Arb under Article 37; 24.2.4 determine the scope and mode of Pre-Evidence Discovery under Article 16; 24.2.5 fix the language, hearing locations, and mode of hearings (physical, virtual, or hybrid); 24.2.6 fix the deposit payable under Schedule I; 24.2.7 issue Procedural Order No. 1 recording the above.
Part VIII — CONDUCT OF THE ARBITRATION
23.1 Every arbitration under these Rules shall maintain a procedural calendar issued by the Tribunal at the first case management conference and updated thereafter as necessary.
23.2 Level 1: Registrar’s Reminder. Where a party or the Tribunal has missed a timeline by more than three (3) days, the Registrar shall issue a written reminder.
23.3 Level 2: Tribunal Direction. Where the default persists beyond seven (7) days of the reminder, the Tribunal shall issue a direction requiring the defaulting party or arbitrator to explain the default and to cure it within a specified period.
23.4 Level 3: Adverse Costs and Procedural Sanctions. Where the default persists, the Tribunal may impose adverse costs, strike out pleadings or defences, disregard late-filed evidence, or take such other procedural measure as is proportionate to the default.
23.5 Level 4: Registrar’s Escalation. Where a default by an arbitrator persists, and where the Tribunal has not acted under Level 3 within a reasonable time, the Registrar may, after giving the arbitrator an opportunity to be heard:
23.5.1 require the Tribunal to file a time-bound plan for completion; 23.5.2 reduce or defer the arbitrator’s fees under Schedule I; 23.5.3 initiate replacement under Article 12.5.
23.6 Full provisions are set out in the Timeline Enforcement Protocol, which is incorporated into these Rules by reference.
Part VII — PRELIMINARY DETERMINATION AND EARLY DISMISSAL
20.1 A party may apply, at any time before the close of pleadings, for the early dismissal of a claim or defence on the ground that:
20.1.1 it is manifestly without legal merit; 20.1.2 it is manifestly outside the jurisdiction of the Tribunal; or 20.1.3 it is manifestly inadmissible.
20.2 The application shall be made in writing with brief reasons and shall not exceed ten (10) pages.
20.3 The Tribunal shall, within fifteen (15) days of receipt, decide whether to allow the application to proceed. If allowed, the Tribunal shall issue a reasoned decision on the application within forty-five (45) days of the application.
20.4 A decision of early dismissal may be rendered as an award on agreed terms or as an interim or partial award, as the Tribunal considers appropriate. It shall be final and binding on the parties in respect of the matters decided.
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Part VII — PRELIMINARY DETERMINATION AND EARLY DISMISSAL
19.1 The Tribunal may, on its own initiative or on the application of a party, determine any issue on a preliminary basis where determination of that issue is likely to:
19.1.1 materially narrow the scope of the arbitration; 19.1.2 dispose of a claim or defence in whole or in part; 19.1.3 expedite final resolution; or 19.1.4 promote the just, efficient, and cost-effective resolution of the dispute.
19.2 Suitable issues include jurisdiction, limitation, threshold contractual interpretation, waiver, release, and privity.
Part VI — EMERGENCY ARBITRATOR AND INTERIM MEASURES
18.1 The Tribunal may, at the request of a party, order any interim measure it considers appropriate, including:
18.1.1 preservation of the status quo; 18.1.2 preservation of assets or evidence; 18.1.3 security for costs; 18.1.4 security for the amount in dispute; 18.1.5 any other measure consistent with the Act.
18.2 A party requesting an interim measure shall show:
18.2.1 a reasonable likelihood of success on the merits; 18.2.2 that harm not adequately reparable by damages is likely if the measure is not granted; and 18.2.3 that such harm substantially outweighs any harm likely to result to the party against whom the measure is directed.
18.3 The Tribunal may require the requesting party to furnish appropriate security as a condition of the measure.
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Part VI — EMERGENCY ARBITRATOR AND INTERIM MEASURES
17.1 A party in need of urgent interim or conservatory relief, before the constitution of the Tribunal, may apply to the Registrar for the appointment of an Emergency Arbitrator in accordance with this Article and the Emergency Arbitrator Protocol v1.1.
17.2 Application. The application shall contain:
17.2.1 the particulars required under Article 4; 17.2.2 a reasoned statement of the specific relief sought; 17.2.3 a statement of the reasons why relief is needed before the constitution of the Tribunal; 17.2.4 payment of the Emergency Arbitrator Fee prescribed in Schedule I.
17.3 Appointment. The Registrar shall appoint the Emergency Arbitrator within four (4) hours of receipt of a complete application.
17.4 Narrow Ex Parte Protective Order. Where notice to the responding party would defeat the object of the relief, and where the application is confined to (a) asset preservation on prima facie evidence of imminent dissipation, or (b) evidence preservation on prima facie evidence of imminent destruction, alteration, or concealment, the Emergency Arbitrator may, within twenty-four (24) hours of appointment, issue a narrow ex parte protective order. The protective order:
17.4.1 is confined to preserving the status quo pending notice and inter partes hearing; it is not quasi-final relief; 17.4.2 is subject to a duration cap of seventy-two (72) hours or until the inter partes hearing under Article 17.5, whichever is earlier; 17.4.3 requires the applicant to furnish full and frank disclosure; material non-disclosure is a ground for discharge and cost consequence; 17.4.4 requires the applicant to provide an undertaking as to damages, enforceable by the Centre on application of the affected party; 17.4.5 requires the applicant to serve the order and the underlying papers on the responding party forthwith.
17.5 Inter Partes Hearing and Order. The Emergency Arbitrator shall hold an inter partes hearing within forty-eight (48) hours of service of the protective order. After hearing, the Emergency Arbitrator shall confirm, vary, or discharge the protective order by reasoned order. In the absence of a prior protective order, the Emergency Arbitrator shall issue a reasoned inter partes order within fourteen (14) days of appointment.
17.6 Binding Effect. An order of the Emergency Arbitrator binds the parties as a matter of contract. It is not an arbitral award. Nothing in this Article prevents a party from seeking interim measures from a court under Section 9 of the Act, which is expressly preserved.
17.7 Succession to Tribunal. The Emergency Arbitrator shall not, unless the parties otherwise agree, serve as arbitrator in any arbitration relating to the dispute that gave rise to the application.
17.8 Reasoning and Publication. Every Emergency Arbitrator order shall be reasoned in writing. Redacted versions shall be published in the Aggregate Report for institutional precedent.
Part V — PRE-EVIDENCE DISCOVERY
16.1 Purpose. The Pre-Evidence Discovery Protocol shifts document production into a pre-evidence window so that the Evidence Stage is concentrated, predictable, and short. It is modelled on the IBA Rules on the Taking of Evidence in International Arbitration, 2020, Article 3, with institutional calibration.
16.2 Procedural Sequence.
16.2.1 Within fourteen (14) days of filing of the Statement of Defence, each party shall exchange a Preliminary Document List setting out the documents in its possession or control on which it intends to rely. 16.2.2 Within a further twenty-one (21) days, a party may serve a Document Production Request in Redfern Schedule form. The requesting party shall identify each document or category sought, the relevance and materiality, and shall respond to any objections raised. 16.2.3 The Tribunal shall decide Document Production Requests at the first case management conference, or by written order in documents-only Tracks, and shall direct production within a further twenty-one (21) days. 16.2.4 The Pre-Evidence Discovery Stage closes upon expiry of the production period or on earlier Tribunal direction.
16.3 Late Production. A document not produced within the Pre-Evidence Discovery Stage is subject to the cost consequence under Article 33. Admission of late documents requires the Tribunal’s leave for good cause shown; the cost consequence applies to the defaulting party regardless of outcome unless the Tribunal expressly directs otherwise.
16.4 Electronic Evidence. Documents in electronic form shall be accompanied by a Section 65B-compliant certificate auto-generated by the institutional filing portal, recording the hash value, timestamp, and issuing-party digital signature.
16.5 AI-Assisted Document Review. Parties may use AI-assisted document review tools for relevance and privilege classification, subject to:
16.5.1 disclosure of the tool used and the prompt or classification framework; 16.5.2 human review of the output before production; 16.5.3 the Tribunal’s power to direct a spot audit of AI-classification accuracy; 16.5.4 continuing obligations of privilege, confidentiality, and completeness.
16.6 Privilege. Indian legal privilege under Sections 126 to 129 of the Indian Evidence Act, 1872, or the corresponding provisions of the Bharatiya Sakshya Adhiniyam, 2023, shall govern. Where the IBA Rules 2020 privilege principles apply by agreement, they shall apply in addition. Privilege logs shall be exchanged at the close of Pre-Evidence Discovery.
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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 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.
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