ALTERNATIVE DISPUTE RESOLUTION

BAL 5.6 CLINIC-I ALTERNATIVE DISPUTE RESOLUTION [Link].B.(HONS.)

FIVE-YEAR INTEGRATED DEGREE COURSE ACADEMIC YEAR: 2024-2025

3RD YEAR, SEMESTER-V

BY: NEHA CHOUDHARY

ARBITRATION
Module 3
 What is a Contract?

The Indian Contract Act, 1872 defines the

term “Contract” under its section 2 (h) as “An
agreement enforceable by law.
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A&C Act 1996: Have 4 parts, 87 sections and 7 schedules (8th
Schedule is omitted by 2021 amendment, which was about
Arbitrator Qualification)

What is Arbitration?

2 (a) “arbitration” means any arbitration whether or not

administered by permanent arbitral Institution.
 Advantages

• More flexible and efficient way to resolve disputes

• Allows the involved parties to select their decision-maker,
• Private system of dispute resolution maintain confidentiality
• The fair resolution of disputes by an impartial tribunal
• Without unnecessary delay or expense
• Parties are free to agree how their disputes are resolved
• There should be minimal court intervention
• Binding enforceable award
 TYPES

Ad-hoc arbitration:
• procedure agreed upon by the parties.
• If the parties are not able to nominate arbitrator/arbitrators by
consent, the appointment of arbitrator is made by the High
Court (in case of domestic arbitration) and by the Supreme
Court(in case of international commercial arbitration).
• In India, still most of the arbitrations are Ad-Hoc Arbitrations
• Cost effective
• Time consuming
• Procedure set up by the parties
 INSTITUTIONAL ARBITRATION
• referred to a particular institution as mention in the Agreement
• institutions have framed their own rules of arbitration
• fixed arbitrator’s fees, administrative expenses, qualified arbitration panel,
rules governing the arbitration proceedings etc.,
• smooth and orderly conduct of arbitration proceedings.
• Some of the prominent institutions which conduct institutional arbitration in
India are:
• 1. Delhi International Arbitration Centre (DIAC) – New Delhi
• 2. Indian Council of Arbitration (ICA) – New Delhi
• 3. Construction Industry Arbitration Council (CIAC)- New Delhi
• 4. LCIA India – New Delhi
• 5. International Centre for Alternative Dispute Resolution (ICDAR) – New
Delhi
• 6. ICC Council of Arbitration – Kolkata
2 (2) This Part (Part I) shall apply where the place of
arbitration is in India:

[Provided that subject to an agreement to the contrary,

the provisions of sections 9, 27 and clause (b) of sub-
section (1) and sub-section (3) of section37 shall also
apply to international commercial arbitration, even if
the place of arbitration is outside India, and an arbitral
award made or to be made in such place is
enforceable and recognised under the provisions of
Part II of this Act.]
Bhatia International v. Bulk Trading SA (2002) 2 SCC 395
-arbitration clause specifying that disputes would be resolved under the
International Chamber of Commerce (ICC) rules in Paris__dispute arose,
Bulk Trading sought interim relief from Indian courts under Section 9 of the
Arbitration and Conciliation Act, 1996.

Held: The Supreme Court ruled that Part I of the Act applies to all
arbitrations and related proceedings held in India__including international
commercial arbitrations, unless the parties expressly or impliedly exclude its
provisions.
Bharat Aluminium Company v. Kaiser Aluminium Technical
Service Inc. (2012) 9 SCC 552
Fact: Applicability of the Arbitration and Conciliation Act, 1996
to international commercial arbitrations held outside India. The
dispute arose regarding the modernization of BALCO’s
plant__award passed and appeal for set aside filed.

Held: The Supreme Court of India held that Part I of the

Arbitration and Conciliation Act, 1996, which deals with the
setting aside of arbitral awards or other factors, is applicable
only to arbitrations that take place within the territory of India
and not outside.
 Arbitration Agreement

2 (b) “arbitration agreement” means an agreement

referred to in section 7
7. Arbitration agreement.—(1) In this Part, “arbitration agreement” means an agreement by
the parties to submit to arbitration all or certain disputes which have arisen or which may
arise between them in respect of a defined legal relationship, whether contractual or
not.
(2) in the form of an arbitration clause in a contract or in the form of a separate
agreement.
(3) Shall be in writing.
(4) Agreement considered in writing if it is contained in—
(a) a document signed by the parties;
(b) an exchange of letters, telex, telegrams or other means of telecommunication
[including communication through electronic means] which provide a record of the
agreement; or
(c) an exchange of statements of claim and defence in which the existence of the
agreement is alleged by one party and not denied by the other.
(5) The reference in a contract to a document containing an arbitration clause, if the
contract is in writing and the reference is such as to make that arbitration clause part of
the contract.
Valid Legal Requirements for Arbitration Agreement

1. Legal requirement for entering a valid contract under

applicable law.
2. Dispute arises in respect to defined legal relationship,
whether contractual or not
3. Deals with existing or future disputes
4. Subject matter is capable of settlement by arbitration
5. Agreement in writing
Bihar State Mineral Development Corporation vs
Encon Builders (2003) 7 SCC 418
The essential elements of an arbitration agreement are as
follows :
(1) There must be a present or a future difference in
connection with some contemplated affair.
(2) There must be the intention of the parties to settle such
difference by a private tribunal.
(3) The parties must agree in writing to be bound by the
decision of such tribunal.
(4) The parties must be ad idem.
Shakti Bhog Foods v. Kola Shipping (2009, SC) [Section 7(4)(b)] [Part I]
Contract containing an arb clause exchanged by letter – valid even when not signed.

Trimex International v. Vedanta Aluminium (2010, SC) [Section 7(4)(b)] [Part I]

Accepted contract (containing an arb clause) sent by email by email – valid and binding –
no need for a formal document as there was consent to arbitrate in record.

Ayyasamy vs A Paramasivam & Ors (Civil Appeal Nos. 8245-8246 of 2016)

Facts: The dispute arose from a partnership deed containing an arbitration clause. The
respondents filed a civil suit alleging fraud, while the appellant sought to refer the matter to
arbitration.

The Supreme Court held that mere allegations of fraud are not sufficient to nullify an
arbitration agreement. The court distinguished between serious allegations of fraud, which
are non-arbitrable, and simple allegations, which are arbitrable. The matter was referred to
arbitration.
N.N. Global Mercantile Pvt. Ltd. v. Indo Unique Flame Ltd. & Ors. (2023)
Facts: The dispute involved a subcontract containing an arbitration clause.
The issue was whether an unstamped arbitration agreement is enforceable.

Judgement: A 7-judge bench of the Supreme Court ruled that arbitration

clauses in unstamped or inadequately stamped agreements are
enforceable. This judgment clarifies that while the underlying contract may
be inadmissible in evidence due to insufficient stamping, the arbitration
agreement itself remains valid and enforceable.

The court emphasized the doctrine of separability, stating that the arbitration
agreement is distinct from the underlying contract and remains valid even if
the contract is unstamped.
Hindustan Petroleum Corpn. Ltd. v. Pinkcity Midway Petroleums _____SC has
held that the judicial authority is bound to refer the matter to arbitration
once the existence of a valid arbitration clause is established.

Power to refer parties to arbitration where there is an arbitration agreement.

(section 8)
(1) 9A judicial authority, before which an action is brought in a matter
which is the subject of an arbitration agreement shall, if a party to the
arbitration agreement or any person claiming through or under him, so
applies not later than the date of submitting his first statement on the
substance of the dispute, then, notwithstanding any judgment, decree or
order of the Supreme Court or any court, refer the parties to arbitration
unless it finds that prima facie no valid arbitration agreement exists.
(2) The application referred to in sub-section (1) shall not be entertained
unless it is accompanied by the original arbitration agreement or a duly
certified copy thereof.
Provided that where the original arbitration agreement or a certified copy
thereof is not available with the party applying for reference to arbitration
under sub-section (1), and the said agreement or certified copy is retained
by the other party to that agreement, then, the party so applying shall file
such application along with a copy of the arbitration agreement and a
petition praying the Court to call upon the other party to produce the
original arbitration agreement or its duly certified copy before that Court.

(3) Notwithstanding that an application has been made under sub-section

(1) and that the issue is pending before the judicial authority, arbitration
may be commenced or continued and an arbitral award made.
 Arbitrability
The term “arbitrability” can mean different things-
(i) whether there is an arbitration agreement,
(ii) whether the dispute is beyond the scope of the arbitration agreement, and,
(iii) whether the subject matter of the dispute is arbitrable.

“Section 2(3)- this Part shall not affect any other law for the time being in force by virtue
of which certain disputes may not be submitted to arbitration.
Further, Sections 34(2)(b) and 48(2) of the Arbitration Act empower the courts to set
aside an award if the dispute was not capable of settlement by arbitration or if the award
conflicts with the public policy of India, thus, leaving the question of arbitrability with the
courts.
The Arbitration Act clearly recognizes and accepts that certain disputes or subjects are not
capable of being resolved by arbitration.
Non-Arbitrability
Non-arbitrability is basic for arbitration as it relates to the very jurisdiction of the arbitral
tribunal. An arbitral tribunal may lack jurisdiction for several reasons. Non-arbitrability
has multiple meanings. Booz Allen case refers to three facets of non-arbitrability,
namely: -
1. Whether the disputes are capable of adjudication and settlement by arbitration?
2. Whether the disputes are covered by the arbitration agreement?
3. Whether the parties have referred the disputes to arbitration? That is, whether
the disputes fall under the scope of the submission to the Arbitral Tribunal,

Booz Allen & Hamilton Inc. v. SBI Home Finance Ltd. & Ors. (2011) 5 SCC 532.
- The Supreme Court carved out six categories of cases which are not capable for
being decided by arbitration under the Arbitration Act even though parties agreed for
being decided by arbitration under the act.
(i) disputes relating to rights and liabilities which give rise to or arise out of criminal
offences;
(ii) matrimonial disputes relating to divorce, judicial separation, restitution of conjugal
rights, child custody;
(iii) guardianship matters;
(iv) insolvency and winding up matters;
(v) testamentary matters (grant of probate, letters of administration and succession
certificate); and
(vi) eviction or tenancy matters governed by special statutes where the tenant enjoys
statutory protection against eviction.

Shri Vimal Kishor Shah v. Jayesh Dinesh Shah & Ors (2016) 8 SCC 788
has added one more category in the list – (Family Trust Deed)
(vii)cases arising out of Trust Deed and the Trust Act.
 Examples of non-arbitrable disputes
• Disputes relating to rights and liabilities which give rise to or
arise out of criminal offences;
• Matrimonial disputes relating to divorce, judicial separation,
restitution of conjugal rights, child custody;
• Guardianship matters;
• Insolvency and winding up matters;
• Testamentary matters (grant of probate, letters of
administration and succession certificate)
• Eviction or tenancy matters governed by special statutes
where the tenant enjoys statutory protection against
eviction
• Criminal Matters
Eros International v. Telemax (Bom HC)
Held: The Bombay High Court held that intellectual property disputes arising out of an
agreement containing an arbitration clause are arbitrable. The court referred the matter to
arbitration, emphasizing the contractual nature of the dispute.

Himangni Enterprises v. Kamaljeet Singh Ahluwalia (2017), which held that

landlord-tenant disputes governed by the TPA were non-arbitrable as it would
be against public policy

Vidya Drolia v. Durga Trading (Supreme Court, 14 December 2020)

Facts: The case involved a landlord-tenant dispute under the Transfer of
Property Act, 1882. The issue was whether such disputes are arbitrable.

Held: The Supreme Court ruled that landlord-tenant disputes governed by the
Transfer of Property Act are arbitrable. Protecting tenants from unfair evictions
and also from unfair rent/exploitation.
The case challenged the legal precedent set by the Supreme Court
in Himangni Enterprises v. Kamaljeet Singh Ahluwalia (2017), which held that
landlord-tenant disputes governed by the TPA were non-arbitrable as it
would be against public policy.

The Supreme Court overruled the previous decision taken in Natraj Studios
(P) Ltd. v. Navrang Studios 1981, Booz Allen 2011 and Himangni Enterprises
2017 in Vidya Drolia case, holding that such disputes are arbitrable. The
Court clarified that landlord-tenant disputes are not actions in rem (rights
against the world) but pertain to subordinate rights in personam (rights
against specific persons).

The four-fold test in Vidya Drolia case?

 Arbitrator
Number of Arbitrator (Section 10)
(1) not even
(2)Sole Arbitrator

Lohia vs. Lohia (2002) 1 Arb LR 493 (SC)

Family dispute over business and properties__The parties agreed to resolve
their disputes through arbitration by two arbitrators___The award was
challenged on the ground that the arbitration by two arbitrators was invalid
under Section 10 of the Act, 1996. ______The Supreme Court held that the
arbitration agreement was valid and the award was enforceable. The court
stated that the appointment of a third arbitrator could be done at a later
stage if the two arbitrators disagreed.
Appointment of Arbitrator (S.11)
(1) A person of any nationality may be an arbitrator, unless otherwise agreed by the parties.
(2) Subject to sub-section (6), the parties are free to agree on a procedure for appointing the
arbitrator or arbitrators.
(3) Failing any agreement referred to in sub-section (2), in an arbitration with three arbitrators, each
party shall appoint one arbitrator, and the two appointed arbitrators shall appoint the third arbitrator
who shall act as the presiding arbitrator.
(3A) The Supreme Court and the High Court shall have the power to designate, arbitral institutions, from
time to time, which have been graded by the Council under section 43-I, for the purposes of this Act:
Provided that in respect of those High Court jurisdictions, where no graded arbitral institution are
available, then, the Chief Justice of the concerned High Court may maintain a panel of arbitrators for
discharging the functions and duties of arbitral institution and any reference to the arbitrator shall be
deemed to be an arbitral institution for the purposes of this section and the arbitrator appointed by a
party shall be entitled to such fee at the rate as specified in the Fourth Schedule;
Provided further that the Chief Justice of the concerned High Court may, from time to time, review the
panel of arbitrators.
(4) If the appointment procedure in sub-section (3) applies and;
(a) A party fails to appoint an arbitrator within thirty days from the receipt of a request to do so from
the other party; or
(b) The two appointed arbitrators fail to agree on the third arbitrator within thirty days from the date of
their appointment,
The appointment shall be made, on an application of the party, by the
arbitral institution designated by the Supreme Court, in case of international
commercial arbitration, or by the High Court, in case of arbitrations other
than international commercial arbitration, as the case may be.
(5) Failing any agreement referred to in sub-section (2), in an arbitration
with a sole arbitrator, if the parties fail to agree on the arbitrator within thirty
days from receipt of a request by one party from the other party to so
agree 15the appointment shall be made on an application of the party in
accordance with the provisions contained in sub-section (4)
(6) Where, under an appointment procedure agreed upon by the parties,
(a) A party fails to act as required under that procedure; or
(b) The parties, or the two appointed arbitrators, fail to reach an
agreement expected of them under that procedure; or
(c) A person, including an institution, fails to perform any function entrusted
to him or it under that procedure,
The appointment shall be made, on an application of the party, by the arbitral institution
designated by the Supreme Court, in case of international commercial arbitration, or by the
High Court, in case of arbitrations other than international commercial arbitration, as the
case may be.
(6B) The designation of any person or institution by the Supreme Court or, as the case may
be, the High Court, for the purpose of this section shall not be regarded as a delegation of
judicial power by the Supreme Court or the High Court.
(8) The arbitral institution referred to in sub-sections (4), (5) and (6), before appointing an
arbitrator, shall seek a disclosure in writing from the prospective arbitrator in terms of sub-
section (1) of section 12, and have due regard to –
(a) Any qualifications required for the arbitrator by the agreement of the parties; and
(b) The contents of the disclosure and other considerations as are likely to secure the
appointment of an independent and impartial arbitrator.
(9) In the case of appointment of sole or third arbitrator in an international commercial
arbitration, the arbitral institution designated by the Supreme Court may appoint an
arbitrator of a nationality other than the nationalities of the parties where the parties belong
to different nationalities.
(11) Where more than one request has been made under sub-section (4) or sub-section (5) or
sub-section (6) to different arbitral institutions, the arbitral institution to which the request has
been first made under the relevant sub-section shall be competent to appoint.
(12) Where the matter referred to in sub-sections (4), (5), (6) and (8) arise in an international
commercial arbitration or any other arbitration, the reference to the arbitral institution in those
sub-sections shall be construed as a reference to the arbitral institution designated under sub-
section (3A).
(13) An application made under this section for appointment of an arbitrator or arbitrators
shall be disposed of by the arbitral institution within a period of thirty days from the date of
service of notice on the opposite party.
(14) The arbitral institution shall determine the fees of the arbitral tribunal and the manner of
its payment to the arbitral tribunal subject to the rates specified in the Fourth Schedule.

Explanation — For the removal of doubts, it is hereby clarified that this sub-section shall not
apply to international commercial arbitration and in arbitrations (other than international
commercial arbitration) where parties have agreed for determination of fees as per the rules
of an arbitral institution.
Perkins Eastman Architects DPC & Anr. v. HSCC (India)
Limited AIR 2020 SC (CIV) 707___ contract for
architectural services. The arbitration clause allowed one
party to unilaterally appoint the sole arbitrator______The
Supreme Court held that unilateral appointment of an
arbitrator by one party was invalid, emphasizing the
need for impartiality and fairness.
 Section 12. Grounds for challenge
• Person appointed as arbitrator needs to disclose following in
writing. (1)
a) Any direct or indirect, of any past or present relationship with or interest
in any of the parties or in relation to the subject matter in dispute, whether
financial, business, professional or other kind, which is likely to give rise to
justifiable doubts as to his independence or impartiality.
b) Anything which affect arbitrator ability to pronounce award.

• Challenged when: (3)

a)Doubts on independence and impartiality
b)Not qualified as posses by the party

• Anything falls in 7th schedule, arbitrator is ineligible to be appointed (5)

 THE SEVENTH SCHEDULE
[See section 12(5)]
Arbitrator’s relationship with the parties or counsel
• The arbitrator is an employee, consultant, advisor or has any
other past or present business relationship with the party.
• currently represents or advises one of the parties
• currently represents the lawyer or law firm acting as counsel for
one of the parties.
• lawyer in the same law firm which is representing one of the
parties.
• manager, director or part of the management, or has similar
controlling influence.
• law firm had a previous involvement in the case
without the arbitrator being involved himself or herself.
• law firm currently has a significant commercial
relationship
• regularly advises the appointing party
• Has a close family relationship with one of the parties.
• Close family member of the arbitrator has a significant
financial interest.
• legal representative of an entity that is a party in the
arbitration.
• Has a significant financial interest.
• Regularly advises the appointing party and his or her
firm derives a significant financial income.
13. Challenge Procedure.
• Challenge within 15 days after forming the constitution of Arbitral Tribunal or after
becoming aware of the any circumstances refer in 12(3)( impartiality, independence or
qualification).
• send written statement to Arbitral Tribunal.
• If the challenge not accepted, Arb Tribunal continue with the proceedings and award
pass.
• The parties challenging arbitrator can challenge the award in section 34.
• If award set aside (s.34) court to decide whether to pay to arbitrator or not for the
case.
14. Failure or impossibility to act
15. Termination of Arbitrator
• She/He herself/himself withdraw from office.
• By the agreement of the parties
• New arbitrator appointed, replacing the old one (2)
• Hearing with the new one can take place again______ at the discretion of Arbitral
Tribunal. (3)
• Any order or ruling made by the prior replacement of the arbitrator will not be invalid
by the current Arb Tribunal______unless parties agree to it. (4)
JURISDICTION
16. Competence of arbitral tribunal to rule on its jurisdiction. Doctrine of
Competence Competence.

(1) The arbitral tribunal may rule on its own jurisdiction, including ruling on
any objections with respect to the existence or validity of the arbitration
agreement, and for that purpose,

(a) An arbitration clause which forms part of a contract shall be treated

as an agreement independent of the other terms of the contract; and
(b) A decision by the arbitral tribunal that the contract is null and
void____ not entail the invalidity of the arbitration clause. (Doctrine of
Separability)
(2) A plea that the arbitral tribunal does not have jurisdiction____be raised
not later than the submission of the statement of defence.
(3) A plea that the arbitral tribunal is exceeding the scope of its
authority___ raised as soon as the matter alleged to be beyond
the scope of its authority is raised during the arbitral proceedings.

(4) The tribunal can accept objections raised later if it thinks the
delay is justified. (not raising in section 2,3)

5. The tribunal will decide on these objections (2,3) If it rejects the

plea, Tribunal will continue with the proceedings and make a
final decision (award).

6. Challenging the Award passed by the tribunal to set aside

according to specific legal provisions (section 34).
 Doctrine of Separability
A&B Contract • Breach of Contract
1. ----------------------------------------------- • Unstamped
2. ----------------------------------------------- • Null and void (16(1)(b))
3. -----------------------------------------------
4. ------------------------------------------------ ØIt recognizes arbitration clause in a main
5. Arbitration clause-----------------------
6. ------------------------------------------------- contract as a separate contract, independent,
distinct from main contract.

ØValidity of arbitration agreement is not bound

on the performance of main contract.

ØIt protects the jurisdiction of the tribunal.

ØProtect the integrity of the agreement to

arbitrate.
Prima Paint Corp. v. Flood & Conklin Mfg.
Co. (1967): The U.S. Supreme Court
established the doctrine of separability,
holding that an arbitration clause is
separable from the main contract. Thus,
even if the main contract is alleged to be
void, the arbitration clause can still be
valid and enforceable.
National Insurance Co. Ltd. v. Boghara Polyfab Pvt. Ltd.
(2009) 1 SCC 267
Facts: The dispute arose from an insurance claim. The
issue was whether the arbitrator could decide on the
arbitrability of the dispute and the validity of the
arbitration agreement.
Judgment: The Supreme Court clarified that certain
preliminary issues, such as the existence of a valid
arbitration agreement, can be decided by the court
before referring the matter to arbitration. However,
once the matter is referred, the arbitrator has the
competence to rule on his own jurisdiction.
N.N. Global Mercantile Pvt. Ltd. v. Indo Unique Flame Ltd.
& Ors. (2023)
Facts: The dispute involved a subcontract containing an
arbitration clause. The issue was whether an unstamped
arbitration agreement is enforceable.

Judgement: A 7-judge bench of the Supreme Court ruled

that arbitration clauses in unstamped or inadequately
stamped agreements are enforceable. This judgment
clarifies that while the underlying contract may be
inadmissible in evidence due to insufficient stamping, the
arbitration agreement itself remains valid and
enforceable.
The court emphasized the doctrine of separability and
Competence competence
The Supreme Court also reaffirmed that the arbitral
tribunal has the authority to rule on its own jurisdiction,
including any objections related to the existence,
validity, and scope of the arbitration agreement. The
tribunal can make these determinations in the first
instance, meaning it does not need to wait for a court’s
decision on these matters.

This judgment strengthens the autonomy of arbitral

tribunals in India, reducing judicial intervention and
promoting the efficiency of arbitration proceedings.
National Agricultural Cooperative Marketing Federation
of India Ltd. v. Gains Trading Ltd. (2007): The Supreme
Court reiterated the principle that the arbitration
agreement is separable from the main contract, and
disputes regarding the main contract do not affect the
validity of the arbitration agreement.
CONDUCT OF ARBITRAL
PROCEEDINGS
18. Equal treatment of parties.

19. Determination of rules of procedure.

(1) The arbitral tribunal shall not be bound by the Code of Civil Procedure,
1908 (5 of 1908) or the Indian Evidence Act, 1872 (1 of 1872).
(2) Subject to this Part, the parties are free to agree on the procedure to be
followed by the arbitral tribunal in conducting its proceedings.
(3) Failing any agreement referred to in sub-section (2), the arbitral tribunal
may, subject to this Part, conduct the proceedings in the manner it
considers appropriate.
(4) The power of the arbitral tribunal under sub-section (3) includes the
power to determine the admissibility, relevance, materiality and weight of
any evidence.
20. Place of arbitration.
(1) The parties are free to agree on the place of arbitration.
(2) Failing any agreement referred to in sub-section (1), the place of
arbitration shall be determined by the arbitral tribunal having regard to the
circumstances of the case, including the convenience of the parties.
(3) Notwithstanding sub-section (1) or sub-section (2), the arbitral tribunal
may, unless otherwise agreed by the parties, meet at any place it considers
appropriate for consultation among its members, for hearing winners,
experts or the parties, or for inspection of documents, goods or other
property.

21. Commencement of arbitral proceedings.

Unless otherwise agreed by the parties, the arbitral proceedings, in respect
of a particular dispute commence on the date on which a request for that
dispute to be referred to arbitration is received by the respondent. (notice
given to the other party
22. Language.
(1) The parties are free to agree upon the language or languages
to is used in the arbitral proceedings.
(2) Failing any agreement referred to in sub-section (1), the
arbitral tribunal shall determine the language or languages to be
used in the arbitral proceedings.
(3) The agreement or determination, unless otherwise specified,
shall apply to any written statement by a party, any hearing and
any arbitral award, decision or other communication by the
arbitral tribunal.
(4) The arbitral tribunal may order that any documentary
evidence shall be accompanied by a translation into the
languages agreed upon by the parties or determined by the
arbitral tribunal.
23. Statements of claim and defence.

(1) Within the period of time agreed upon by the parties or determined by
the arbitral tribunal, the claimant shall state the facts supporting his claim,
the points at issue and the relief or remedy sought, and the respondent
shall state his defence in respect of these particulars, unless the parties
have otherwise agreed as to the required elements of those statements.

(2) The parties may submit with their statements all documents they consider
to be relevant or may add a reference to the documents or other
evidence they will submit.

(2A)The respondent, in support of his case, may also submit a counter

claim or plead a set-off, which shall be adjudicated upon by the arbitral
tribunal, if such counterclaim or set-off falls within the scope of the
arbitration agreement.
3) Unless otherwise agreed by the parties, either party may
amend or supplement his claim or defence during the course of
the arbitral proceedings, unless the arbitral tribunal considers it
inappropriate to allow the amendment or supplement having
regard to the delay in making it.

(4) The statement of claim and defence under this section shall
be completed within a period of six months from the date the
arbitrator or all the arbitrators, as the case may be, received
notice, in writing, of their appointment.
State of Goa v. Praveen Enterprises (2012)
The court emphasized that the arbitrator has
jurisdiction to entertain any counterclaim, even if it
was not raised at an earlier stage before the
pleadings
Indian Railway Catering and Tourism Corporation Limited
(IRCTC) v. Mayuri Ben M. Chotai ( 2018)

This case involved the amendment of claims under

Section 23(3).

Delhi High Court referred to the Supreme Court’s

decision in Praveen Enterprises to highlight the conditions
under which amendments to claims and defenses can
be made
 24. Hearings and written proceedings.
(1) Unless agreed by the parties, arbitral tribunal to decide whether to hold
oral hearings for the presentation of evidence or for oral argument (in
oral hearing-presenatatio

person), or whether the proceedings conducted on the basis of

of evidence
or

on basis of doc and documents and other materials (or just submit it)
proceedings conducted

other material

Provided that the arbitral tribunal shall hold hearings on a request by a

party, unless the parties have agreed that no oral hearing shall be held.

Provided further that the arbitral tribunal shall, as far as possible, hold oral
hearings for the presentation of evidence or for oral argument on day-to-
day basis and avoid adjournment.

(2) The parties shall be given sufficient advance notice for hearing and of
any meeting by the arbitral tribunal for the purposes of inspection of
documents, goods or other property.

advance notice for 1. hearing

2. inspection of doc, goods or other property
(3) All statements, documents or other information
supplied to, or applications made to, the arbitral
tribunal by one party shall be communicated to the
other party, and any expert report or evidentiary
document on which the arbitral tribunal may rely in
making its decision shall be communicated to the
parties. (Anything made by one party must be
communicated to the other party by the tribunal)
natural justice
State of Gujarat and Ors. v. Amber Builders (2020)
The Supreme Court discussed the scope of interim measures and the
importance of timely hearings. The court highlighted that the arbitral tribunal
must conduct hearings on a day-to-day basis and avoid unnecessary
adjournments.

Patel Engineering Ltd. v. North Eastern Electric Power Corporation Ltd. (2020)
Supreme Court of India The court addressed issues related to the conduct of
arbitral proceedings, emphasizing the importance of giving sufficient
advance notice of hearings and ensuring that all parties have access to the
same information.
25. Default of a party.
Unless otherwise agreed by the parties, where, without showing
sufficient cause,
(a) The claimant fails to communicate his statement of claim :
the arbitral tribunal shall terminate the proceedings.
(b) The respondent fails to communicate his statement of
defence: the arbitral tribunal shall continue the proceedings
without treating that failure in itself as an admission of the
allegations by the claimant and shall have the discretion to treat
the right of the respondent to file such statement of defence as
having been forfeited; ex parte
(c) A party fails to appear at an oral hearing or to produce
documentary evidence; the arbitral tribunal may continue the
proceedings and make the arbitral award on the evidence
before it.
continue: 1. no statement of defence
2. party fails to appear at the oral hearing or produce documentary evidence
26. Expert appointed by arbitral tribunal.
(1) Unless otherwise agreed by the parties, the
arbitral tribunal may –
(a) Appoint one or more experts to report to it on
specific issues to be determined by the arbitral
tribunal, and
(b) Require a party to give the expert any relevant
information or to produce, or to provide access to,
any relevant documents, goods or other property
for his inspection.
27. Court assistance in taking evidence. (both ICA and Domestic)
(1) The arbitral tribunal, or a party with the approval of the arbitral
tribunal, may apply to the Court for assistance in taking evidence.
(Civil Court) crt's assitance in taking evidence: by tribunal or party with the permission of the tribunal

(2) The application shall specify –

(a) The names and addresses of the parties and the arbitrators.
(b) The general nature of the claim and the relief sought;
(c) The evidence to the obtained, in particular,
(i) The name and address of any person to be heard as
witness or expert witness and a statement of the subject-
matter of the testimony required;
(ii) The description of a document to be produced or
property to be inspected.
(3) The Court may, within its competence and according to its
rules on taking evidence, execute the request or ordering that the
evidence be provided directly to the arbitral tribunal.
execute or direct it
(4) The Court may, while making or order under sub-section (3),
issue the same processes to witnesses as it may issue in suits tried
before it.
(5) Persons failing to attend in accordance with such process, or
making any other fault, or refusing to give their evidence, or guilty
of any contempt to the arbitral tribunal during the conduct of
arbitral proceedings, shall be subject to the like disadvantages,
penalties and punishments by order of the Court on the
representation of the arbitral tribunal as they would incur for the
like offences is suits tried before the Court.

(6) Summonses for the examination of witnesses and summonses

to produce documents.
MAKING OF ARBITRAL AWARD AND
TERMINATION OF PROCEEDINGS
 Types of Award
Final Award: final award ordering the respondent to pay the claimant XXXX in damages and
interest.

Interim Award: Temporary injunction to prevent the respondent from disposing of certain assets
until the final award is made. maintain status quo or prevent doing of any act

Partial Award: In a case involving multiple claims, the tribunal issues a partial award
determining liability on one of the claims, while leaving the determination of damages and
other claims for a later stage. liability ascertained however, the damages or claims are not

Consent Award: (Settlement section 30)

Default Award: In an arbitration where the respondent fails to participate, the tribunal issues a
default award in favor of the claimant, granting the relief sought due to the respondent’s non-
participation. ex parte

Additional Award: After issuing a final award, the tribunal realizes it omitted a decision on a
minor claim. The tribunal then issues an additional award to address this oversight.
minor claim
29. Decision making by panel of arbitrators.
• Unless otherwise agreed by the parties, in arbitral proceedings with more
than one arbitrator, any decision of the arbitral tribunal shall be made by a
majority of all its members.
• Procedural Decisions: The presiding arbitrator can decide on procedural
matters if the parties or all arbitrators agree. (ex for production of
documents time)

29A. Time limit for arbitral award.

• twelve months from the date of completion of pleadings.

• international commercial arbitration twelve months from the date of

completion of pleadings.
• If the award is made within a period of six months , shall be entitled to
receive such amount of additional fees as the parties may agree.

12 months from completion of pleadings

if 6m: reward
if not 12 or 12+6 then the crt 1. terminate arbitrator or
2. grant extention
• The parties may, by consent, extent the period, period not
exceeding six months (for AWARD)

• If the award is not made within the period specified(12 months)

or the extended period, mandate of the arbitrator(s) shall
terminate, unless the Court has reason to extend the period.

• After extending if the Court finds that the proceedings have

been delayed for the reasons attributed to the arbitral tribunal,
then, it may order reduction of fees of the arbitrator(s) by not
exceeding five percent, for each month of such delay.

• arbitrator be given an opportunity of being heard before the

fees is reduced.
 • The extension of the period given on sufficient cause and on such terms
and conditions as may be imposed by the Court.

• While extending the period: it is on Court to substitute one or all of the

extention-substituted
ssmae stage
arbitrators and if one or all of the arbitrators are substituted, the arbitral
shall continue
proceedings shall continue from the stage already reached.
CONTINTUTION

• New arbitrator(s) appointed: arbitral tribunal thus reconstituted shall be

deemed to in continuation of the previously constituted arbitral tribunal.

• An application filed for extension on sufficient cause shall be disposed of

by the Court as expeditiously as possible and endeavour shall be made to
dispose of the matter within a period of sixty days from the date of service
of notice on the opposite party.
29B. Fast track procedure.
• parties to an arbitration agreement, may, at any stage either before or at
the time of appointment of the arbitral tribunal, agree in writing to have
their dispute resolved by fast track procedure.

• sole arbitrator who shall be chosen by the parties.

• The arbitral tribunal decide the dispute on the basis of written pleadings,
documents and submissions filed by the parties without any oral hearing.

• The arbitral tribunal have power to call for any further information or
clarification from the parties in addition to the pleadings and documents
filed by them

• oral hearing held only, if, all the parties make a request or arbitral tribunal
considers it necessary.
• The award made within a period of six months from the date
the arbitral tribunal enters upon the reference.

• If the award is not made within the period of 6 months the

(terminate the tribunal, new appointment of tribunal)

• The fees payable to the arbitrator and the manner of

payment of fees shall be such as may be agreed between
the arbitrator and the parties.
 30. Settlement.
• With the agreement of the parties, the arbitral tribunal may use mediation,
conciliation or other procedures at any time during the arbitral
proceedings to encourage settlement. AT ANY TIME

• If, during arbitral proceedings, the parties settle the dispute, the arbitral
DURING=
TERMINATED tribunal shall terminate the proceedings and, if requested by the parties
and not objected to by the arbitral tribunal, record the settlement in the
AND
RECORD

form of an arbitral award on agreed terms.

IN FORM OF AGREEMENT
IF NOT OBJECTED
BY TRIBUNAL

• An arbitral award on agreed terms shall be made in accordance and shall

-STATE that it
state that it is an arbitral award.
is an arbitral award
-same status and effect

• An arbitral award on agreed terms shall have the same status and effect as
any other arbitral award on the substance of the dispute.
31. Form and contents of arbitral award.
• An arbitral award: made in writing, signed by the members of the arbitral
tribunal.
• Arbitral proceedings having more than one arbitrator, the signatures of the
majority of all the members of the arbitral tribunal.

• The arbitral award shall state the reasons upon which it is based: Except: parties
does not want to give reasons and award given under section 30 (settlement).

• The arbitral award state: date and place of arbitration.

• signed copy of arbitral award be delivered to each party.

• The arbitral tribunal may, at any time during the arbitral proceedings, make an
interim arbitral award (to safeguard the other party) before making final award.
• If the award is such where the payment of money is
claimed: Pay the interest from the date of starting of the
arbitration till the award is passed. (Interest reasonable)
on whole or any part of the dispute).

• 2% interest, if not specify by the tribunal.

• The costs of an arbitration shall be fixed by the arbitral

tribunal.

scc: on sec 11 arbi act : appeal against the bombay hc decision

 32. Termination of proceedings.
1. statement• of Proceedings
clim
2. no jurisdiction
terminated by the final arbitral award or by an
3. final award
[Link] withdraw order
5. mutual • Where,
subj to respondent objection

(a) claimant withdraws his claim, unless the respondent

6. continuation of proceedings impossible
7.

objects to the order and the arbitral tribunal recognises a

legitimate interest
(b) parties agree on the termination of proceedings, or
(c) tribunal finds, the continuation of the proceedings has
for any other reason become unnecessary or impossible.
• the mandate of the arbitral tribunal shall terminate with
the termination of the arbitral proceedings.
33. Correction and interpretation of award; additional award.
Requesting the tribunal for Corrections or Interpretations:
Within 30 days of receiving the arbitral award, a party can ask the tribunal
to:
Correct errors: Fix any computation error, any clerical or typographical
errors or any other error.
Interpret the award: Explain a specific part of the award, if both parties
agree.
Tribunal’s Response:
If the tribunal agrees that the request is justified, it must make the
correction or provide the interpretation within 30 days of receiving the
request. This interpretation becomes part of the award.
Tribunal’s Own Initiative:
The tribunal can also correct errors on its own within 30 days of issuing the
award.
 Requesting Additional Awards:
Within 30 days of receiving the award, a party can ask the tribunal to
presented but not included
in award address any claims that were presented but not included in the award,
provided they notify the other party.
Tribunal’s Response to Additional Awards:
clim: 30 days

If the tribunal finds the request justified, it must issue the

pass: 60 days after
such claim

additional award within 60 days of receiving the request.

extendable

Extending Time Limits:

The tribunal can extend the time needed to make corrections,
provide interpretations, or issue additional awards if necessary.
Legal Framework:
same rules The same rules that apply to the original award also apply to
any corrections, interpretations, or additional awards. (section
31)
RECOURSE AGAINST ARBITRAL ALWARD
34. Application for setting aside arbitral award.
(1) Recourse to a Court against an arbitral award may be made only by an application for
setting aside such award in accordance with sub-section (2) and sub-section (3).
(2) An arbitral award may be set aside by the Court only if—
(a) the party making the application 1[establishes on the basis of the record of the arbitral
tribunal that]—
(i) a party was under some incapacity, or
(ii) the arbitration agreement is not valid under the law to which the parties have subjected it
or, failing any indication thereon, under the law for the time being in force; or
(iii) the party making the application was not given proper notice of the appointment of an
arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or
(iv) the arbitral award deals with a dispute not contemplated by or not falling within the terms
of the submission to arbitration, or it contains decisions on matters beyond the scope of the
submission to arbitration:
Provided that, if the decisions on matters submitted to arbitration can be separated from those
not so submitted, only that part of the arbitral award which contains decisions on matters not
submitted to arbitration may be set aside; or
(v) the composition of the arbitral tribunal or the arbitral procedure was not in accordance
with the agreement of the parties, unless such agreement was in conflict with a provision of
this Part from which the parties cannot derogate, or, failing such agreement, was not in
accordance with this Part; or
(b) the Court finds that—
(i) the subject-matter of the dispute is not capable of settlement by arbitration under the law
for the time being in force, or
(ii) the arbitral award is in conflict with the public policy of India.
2[Explanation 1.—For the avoidance of any doubt, it is clarified that an award is in conflict
with the public policy of India, only if,—
(i) the making of the award was induced or affected by fraud or corruption or was in
violation of section 75 or section 81; or
(ii) it is in contravention with the fundamental policy of Indian law; or
(iii) it is in conflict with the most basic notions of morality or justice.
Explanation 2.—For the avoidance of doubt, the test as to whether there is a contravention
with the
fundamental policy of Indian law shall not entail a review on the merits of the dispute.]
3[(2A) An arbitral award arising out of arbitrations other than international commercial
arbitrations, may also be set aside by the Court, if the Court finds that the award is vitiated
by patent illegality appearing on the face of the award:
Provided that an award shall not be set aside merely on the ground of an erroneous
application of the law or by reappreciation of evidence.]
(3) An application for setting aside may not be made after
three months have elapsed from the date on which the
party making that application had received the arbitral
award or, if a request had been made under section 33,
from the date on which that request had been disposed
of by the arbitral tribunal:
Provided that if the Court is satisfied that the applicant
was prevented by sufficient cause from making the
application within the said period of three months it may
entertain the application within a further period of thirty
days, but not thereafter.
(4) On receipt of an application under sub-section (1), the Court may, where
it is appropriate and it is so requested by a party, adjourn the proceedings for
a period of time determined by it in order to give the arbitral tribunal an
opportunity to resume the arbitral proceedings or to take such other action
as in the opinion of arbitral tribunal will eliminate the grounds for setting aside
the arbitral award.

(5) An application under this section shall be filed by a party only after issuing
a prior notice to the other party and such application shall be accompanied
by an affidavit by the applicant endorsing compliance with the said
requirement.

(6) An application under this section shall be disposed of expeditiously, and

in any event, within a period of one year from the date on which the notice
referred to in sub-section (5) is served upon the other party.]
ONGC Ltd. v. Saw Pipes Ltd. (2003)
This case is significant as the Supreme Court expanded the scope of “public
policy” under Section 34. The court held that an award could be set aside if it
is “patently illegal” or in contravention of the fundamental policy of Indian
law.

Venture Global Engineering v. Satyam Computer Services Ltd. (2008)

This case dealt with the enforcement of foreign arbitral awards and the
grounds for setting aside such awards under Section 34. The Supreme Court
held that the principles of natural justice must be adhered to.
K. Kishan v. Vijay Nirman Company Pvt. Ltd. (2018)
The Supreme Court held that the pendency of a Section 34 application does not
automatically stay the enforcement of the arbitral award. The court emphasized the need
for a separate application for stay.
MMTC Ltd. v. Vedanta Ltd. (2019)
The Supreme Court clarified the scope of judicial interference, stating that an award can
only be set aside for patent illegality apparent on the face of the award.

Ssangyong Engineering & Construction Co. Ltd. v. NHAI (2019)

The Court clarified that patent illegality cannot be used as a backdoor to challenge an
award on grounds not related to public policy.

Union of India v. Reliance Industries Limited & Ors (2023)

The Delhi High Court ruled that disputes involving natural resources can be arbitrable and
rejected the government’s challenge based on public policy.

Reliance Infrastructure Limited v. State of Goa (2023)

The Supreme Court emphasized that courts should not re-evaluate evidence and upheld an
arbitral award, stressing limited judicial interference.
Whether the Court can apply Section 5 of the Limitation Act to
condone a delay beyond the period provided under Section 34(3)
of the A&C Act? (application time)
State of Rajasthan v. Godhara Construction Company
The Rajasthan High Court reiterated that Section 5 of the Limitation
Act does not apply to applications under Section 34.
As a result, the delay beyond the period provided under Section
34(3) cannot be condoned by taking aid of Section 5 of the
Limitation Act.
FINALITY AND ENFORCEMENT OF ARBITRAL AWARDS
35. Finality of arbitral awards.
Subject to this Part an arbitral award shall be final and binding on
the parties and persons claiming under them respectively.

36. Enforcement.
• Enforcement of Arbitral Awards:
If the time to challenge an arbitral award under Section 34 has
passed, the award can be enforced like a court decree.
• Pending Challenge:
Application to set aside the award is filed under Section 34, the
award isn’t automatically unenforceable. It remains
enforceable unless the court orders a stay on that. Court
accept it and pass stay order, until then it is enforceable.
• Stay of Enforcement:
Application filed___court accepts___to stay the enforcement
of an award. The court can grant a stay with conditions
and written reasons.
Ø For money awards, the court will consider the rules for stay
on money decrees under the Code of Civil Procedure, 1908.
(Order XLI (41) Rule 5 CPC, keep security)
• If the court finds that the award or the arbitration agreement
was influenced by fraud or corruption, it put stay on the
award unconditionally until the challenge is resolved.
• Explanation:
This provision applies to all court cases related to arbitral
proceedings.

stay ke baad set aside?

• Fiza Developers and Inter-Trade Pvt. Ltd. v. AMCI (India) Pvt. Ltd. (2009)
The Supreme Court emphasized that proceedings under Section 34 are summary in
nature and do not require a full trial. This case also highlighted that oral evidence is
generally not required.
• ONGC Ltd. v. Saw Pipes Ltd. (2003)
This case expanded the scope of “public policy” under Section 34, allowing an
award to be set aside if it is “patently illegal” or against the fundamental policy of
Indian law.
• K. Kishan v. Vijay Nirman Company Pvt. Ltd. (2018)
The Supreme Court ruled that the mere filing of a Section 34 application does not
automatically stay the enforcement of the arbitral award. A separate application
for stay is necessary.
• Project Director, NHAI v. M. Hakeem (2021)
The Supreme Court reiterated that courts do not have the power to modify an
arbitral award under Section 34. They can only set aside the award if it meets the
specified grounds.
• BCCI v. Kochi Cricket Pvt. Ltd. (2018)
The Supreme Court clarified that the 2015 amendments to the Arbitration Act, which
include provisions for automatic stay of awards, apply retrospectively to pending
Section 34 applications.
 APPEALS
37. Appealable Orders: (court orders)
Appeal to a higher court against the following orders: (Principal Civil court,
Hight court………)
a)Refusing to refer parties to arbitration (Section 8).
b)Granting or refusing interim measures (Section 9).
c) Setting aside or refusing to set aside an arbitral award (Section 34).

• Appeal against the Tribunal Orders:

Appeals can also be made against arbitral tribunal orders:
a)Accepting jurisdictional pleas (Section 16(2) or 16(3)).
b)Granting or refusing interim measures (Section 17).

• No Second Appeal:
No second appeal from an order passed in appeal under this section, but
parties can still appeal to the Supreme Court.
MMTC Limited v. Vedanta Limited (2019),

The Supreme Court of India emphasized the limited scope of interference

under Section 37, highlighting that appellate courts should not re-evaluate
the merits of the arbitral award but should focus on whether the legal
grounds for setting aside the award are met or not.
40. Arbitration Agreement and Death of a Party
An arbitration agreement remains valid even if a party dies. It can be enforced by or against
the deceased’s legal representative.
The death of a party who appointed an arbitrator does not end the arbitrator’s mandate.

42. Jurisdiction
Once an application related to an arbitration agreement is made in a Court, only that Court
has jurisdiction over the arbitration proceedings and any related applications.

42A. Confidentiality

43. Limitations
The Limitation Act, 1963, applies to arbitrations just like it does to court proceedings for the
extension of prescribed time period.
BY COURT (SECTION 9)
INTERIM MEASURES
.
◦ When Can a Party Apply to Court?
◦ Before, during, or after arbitral award but before enforcement apply for Interim
Measure for the:
◦ Guardian Appointment: If a minor or someone of unsound mind is involved, can
ask the court to appoint a guardian for them. (death__minor__guardian
appointed)
◦ Interim Measures: can request the court to:
◦ Preserve or sell goods: Protect or sell goods that are part of the dispute.
◦ Secure money: Ensure the disputed amount is secured.
◦ Inspect property: Allow inspection or preservation of property involved in the
dispute. (for the purpose of obtaining full information)
Ø Interim Injunctions or receivers: temporary court orders to prevent actions
against subject matter (from selling property, restrict) or appoint a receiver
to manage property.
ØOther protections: Any other temporary measures the court finds
necessary.
Timing for Arbitration Proceedings:
If the court grants an interim measure before arbitration
proceedings starts, the arbitration must begin within 90
days or a time set by the court.

Court’s Role After Tribunal is Formed:

Once the arbitration tribunal is set up, the court will
only step in if the tribunal cannot provide an effective
remedy.
BY ARBITRAL TRIBUNAL (SECTION 17)
When Can You Apply to the Arbitral Tribunal?
During arbitration: Party during the arbitral proceedings apply
to the tribunal tribunal for: (after omitted in 2019 amendment)
• Guardian Appointment: If a minor or someone of unsound
mind.
• Preserve or sell goods: Protect or sell goods that are part of
the dispute.
• Secure money: Ensure the disputed amount is secured
• Inspect property: Allow inspection or preservation of property
involved in the dispute.
Ø Injunctions or receivers: Issue temporary orders to prevent
actions or appoint a receiver to manage property.
Ø Other protections: Any other temporary measures the
tribunal finds necessary.
Tribunal have same power as the court have for the purpose of
any proceeding before it.

Enforcement of Tribunal Orders:

Any order made by the arbitral tribunal is treated as if it were an
order of the court and can be enforced in the same way.
Essar House Private Limited v. Arcellor Mittal Nippon Steel India Limited 2023
The Supreme Court emphasized the criteria for granting interim relief under Section 9, including the need
for a prima facie case, balance of convenience, and reasonable expedition.

Jaya Industries v. Mother Dairy Calcutta 2023

The Calcutta High Court affirmed the ongoing power of courts to grant interim measures even after the
commencement of arbitral proceedings. This decision highlighted the need for judicial oversight to
safeguard the interests of parties involved in arbitration.

Bhubaneshwar Expressways Pvt. Ltd. v. NHAI, though the tribunal was constituted, it could not function
because one of the co-arbitrators had recused. Therefore, the Delhi High Court held that the remedy
under Section 17 was not efficacious and it would be necessary for it to entertain the petition under
Section 9 of the Act.
M.D. Frozen Foods Exports Pvt. Ltd. v. Hero Fincorp Ltd. (2017)
The Supreme Court held that interim measures ordered by an arbitral tribunal are enforceable in the
same manner as court orders.

Arvind Constructions Co. (P) Ltd. v. Kalinga Mining Corporation (2007)

The court clarified that interim measures could be sought to preserve the subject matter of the dispute,
ensuring that the arbitration process is not frustrated.
Sundaram Finance Ltd. v. NEPC India Ltd. (1999)
This case established that interim measures can be granted by courts even before the commencement
of arbitration proceedings.
 MODEL ARBITRATION AGREEMENT

This agreement made this ________________________day of__________Two

Thousand________________________________________________________ Between
_________________________________________________
(full description and address of the Party to be given) of the ONE PART and
________________________________________
(full description and address of the Party to be given) of the OTHER PART.

WHEREAS certain disputes and differences have arisen and are subsisting
between the aforesaid parties relating to _________________________________
(details of contract to be given),

AND WHEREAS the Parties agree to submit their dispute(s) in accordance with
the ICADR Arbitration Rules, 1996.

Now the parties hereby agree as follows:

1. The parties agree to submit their dispute(s) to arbitration in accordance with the
ICADR Arbitration Rules, 1996.
2. The authority to appoint the arbitrator or the arbitrators, as the case may be, shall
be the International Centre for Alternative Dispute Resolution.*
3. The arbitration shall be administered by the International Centre for Alternative
Dispute Resolution (ICADR) in accordance with the ICADR Arbitration Rules,
1996.
4. The place of arbitration shall be _____________________

* In case the ICADR is not required to appoint arbitrator(s), omit this clause.

In Witness Whereof, this Agreement has been signed this _____day of

____________200_______ at_________________by________________

1. _______________________for and on behalf of_____________________

2. ______________________ for and on behalf of_____________________

Note: The parties may:-

(a) provide for qualification(s) of the arbitrator(s) including, but not limited to,
language, technical experience, nationality and legal experience;

(b) specify the language for the conduct of arbitration.