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  • Article 13: Four-Track Proceeding System

    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.

  • Article 12: Confirmation, Disclosure, and Challenge

    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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  • Article 11: Multi-Party Appointments

    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.

  • Article 10: Appointment of Three-Member Tribunal

    Part III — THE ARBITRAL TRIBUNAL

    10.1 Where the Tribunal is to consist of three arbitrators, the Claimant shall nominate one arbitrator in the Request and the Respondent shall nominate one arbitrator in the Answer.

    10.2 The two party-nominated arbitrators shall nominate the presiding arbitrator within fifteen (15) days of confirmation of the second co-arbitrator.

    10.3 Failing nomination by the party-nominated arbitrators, the Registrar shall appoint the presiding arbitrator.

    10.4 Failing nomination by a party, the Registrar shall appoint the co-arbitrator on behalf of that party. A party that has failed to nominate shall retain the right to participate fully in the arbitration thereafter.

  • Article 9: Appointment of Sole Arbitrator

    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.

  • Article 8: Qualifications of Arbitrators

    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.

  • Article 7: Number of Arbitrators

    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.

  • Article 6: Joinder, Consolidation, and Multi-Contract Disputes

    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.

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  • Article 5: Answer and Counterclaim

    Part II — COMMENCEMENT OF ARBITRATION

    5.1 The Respondent shall file an Answer within twenty-one (21) days of receipt of the Request.

    5.2 The Answer shall state:

    5.2.1 the Respondent’s response to the claims; 5.2.2 any objection to the existence, validity, or applicability of the arbitration agreement; 5.2.3 any objection to the Track, seat, language, substantive law, or constitution of the Tribunal proposed by the Claimant; 5.2.4 any counterclaim, with the particulars required under Article 4.2; 5.2.5 any disclosure required under Article 52.

    5.3 The Claimant shall file a Reply to any counterclaim within fourteen (14) days.

    5.4 The Registrar may, on written application and for sufficient cause, extend the periods under this Article by up to seven (7) days. Further extensions require leave of the Tribunal once constituted.

  • Article 4: Request for Arbitration

    Part II — COMMENCEMENT OF ARBITRATION

    4.1 A party wishing to commence arbitration shall file a Request for Arbitration with the Registrar, through the institutional filing portal unless the Registrar directs otherwise.

    4.2 The Request shall be in writing and shall contain:

    4.2.1 the names, contact details, and legal representatives of the parties; 4.2.2 a reference to the arbitration agreement invoked and a copy thereof; 4.2.3 a reference to the contract or legal relationship out of which the dispute arises and a copy thereof; 4.2.4 a brief description of the nature and circumstances of the dispute; 4.2.5 a preliminary statement of the relief sought, including a quantified monetary claim where possible; 4.2.6 the Claimant’s proposal on (i) the Track sought under Part IV, (ii) the seat of arbitration, (iii) the language of arbitration, (iv) the applicable substantive law, and (v) the number and method of appointment of arbitrators; 4.2.7 a declaration of the Claimant’s good-faith estimate of dispute value for the purpose of Schedule I; 4.2.8 a statement of any third-party funding arrangement disclosable under Article 52.

    4.3 The Request shall be accompanied by the Registration Fee prescribed in Schedule I. The arbitration shall not be treated as commenced until the Registration Fee has been received by the Centre.

    4.4 The date of commencement of arbitration shall be the date on which the Registrar confirms receipt of a complete Request and the Registration Fee.

    4.5 The Registrar shall, within three (3) business days of receipt, confirm commencement in writing to the Claimant and transmit a copy of the Request to the Respondent.