Tag: Part IV — TRACK ALLOCATION AND PROPORTIONATE PROCEDURE

  • 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 14: Common Features of All Tracks

    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.

  • Article 15: Small-Value and Express Track Procedure

    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.