Tag: 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).

In these Rules, unless the context otherwise requires:

2.1 “Act” means the Arbitration and Conciliation Act, 1996 (as amended from time to time).

2.2 “ADR” means alternative dispute resolution and includes negotiation, mediation, arbitration, expert determination, Arb-Med-Arb, Med-Arb, and online dispute resolution as administered under these Rules and complementary Protocols.

2.3 “Award” means any decision of the Arbitral Tribunal on the substance of the dispute, including any interim, partial, preliminary, consent, or final award.

2.4 “Centre” means Lex Arbitrate, the institutional arbitration centre administering proceedings under these Rules.

2.5 “Claim” includes counterclaim, and “Defence” includes defence to counterclaim, unless otherwise indicated.

2.6 “Claimant” means the party or parties commencing arbitration, and “Respondent” means the party or parties against whom arbitration is commenced.

2.7 “Consolidated Edition” means this Edition v1.2 of the Rules, being the sole operative instrument with effect from the Effective Date.

2.8 “Court” means a court of competent jurisdiction at the seat of arbitration.

2.9 “Emergency Arbitrator” has the meaning given in Article 17.

2.10 “Evidence Stage” means the Separate Evidence Stage conducted under Article 29 with the Certified Mechanism.

2.11 “Institutional Review Panel” has the meaning given in Article 47.

2.12 “Mediation Act” means the Mediation Act, 2023.

2.13 “Party” means a party to the proceeding.

2.14 “Pre-Evidence Discovery” means the protocol under Article 24.

2.15 “Registrar” means the Registrar of Lex Arbitrate or any person acting in that capacity.

2.16 “Request” means the Request for Arbitration under Article 4.

2.17 “Rules” means these Arbitration Rules of Lex Arbitrate, Consolidated Edition v1.2, as may be amended from time to time.

2.18 “Seat” means the juridical seat of arbitration designated under Article 34.

2.19 “Schedule I” means the Schedule of Fees and Costs under these Rules, as notified by the Centre.

2.20 “Secretariat” means the administrative organ of the Centre acting under the supervision of the Registrar.

2.21 “Tribunal” means a sole arbitrator or all the arbitrators when more than one is appointed.

2.22 “Writing” includes communication by electronic means, including email and the secure institutional filing portal.

3.1 The Centre administers proceedings conducted under these Rules. The Centre shall not itself decide any dispute but shall exercise the powers conferred on it by these Rules to facilitate the efficient conduct of arbitration and integrated ADR.

3.2 The functions of the Registrar include:

3.2.1 receiving and acknowledging the Request for Arbitration and all subsequent filings; 3.2.2 facilitating the constitution of the Tribunal; 3.2.3 fixing, collecting, and disbursing deposits, fees, and costs under Schedule I; 3.2.4 monitoring compliance with procedural timelines and invoking the Timeline Enforcement Protocol where required; 3.2.5 operating the Certified Mechanism for the Separate Evidence Stage under Article 29; 3.2.6 administering the cost consequence for late production under Article 33; 3.2.7 communicating with the parties and the Tribunal on administrative matters; 3.2.8 taking such other steps as are necessary for the efficient administration of the proceeding.

3.3 The Registrar shall act independently, impartially, and in confidence. No officer of the Secretariat shall act as arbitrator, counsel, witness, or expert in any proceeding administered by the Centre.

3.4 The Centre and its officers shall not be liable to any party for any act or omission in connection with a proceeding administered under these Rules, save for liability that cannot be excluded under applicable law.

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