LEGAL REFEREE ONLINE ARBITRATION  CENTRE RULES

The Legal Referee Online Arbitration Centre is a Centre created by Legal Referee. The function is to provide for facilitation of resolution of disputes referred to it by the process of arbitration, in accordance with these rules, as also to provide administrative services relating to arbitration.

  1. Services offered by the Legal Referee Online Arbitration Centre:
  • Appointment of Arbitrator/s, to constitute the Arbitral Tribunal and consequent conduct of Arbitral proceedings.
  • Advisory services relating to drafting and registering arbitration agreements with the Legal Referee Online Arbitration
  • Administrative services
  • Panel of Arbitrators
  • In the absence of any matter in respect of which no specific provision exists under these Rules, the Legal Referee Online Arbitration shall be entitled to take such decision(s), as they may consider expedient or necessary in the circumstances.
  1. Jurisdiction: The Legal Referee Online Arbitration shall be entitled to entertain
  • Any dispute relating to any trade or commercial matter including but not limited to shipping, sale, purchase or other matters relating to property, banking, negotiable instruments, insurance, building construction, engineering, technical assistance, know-how, intellectual property including patents and trademarks, joint ventures, foreign and other collaborations, management consultancy, commercial agency, service; valuation as also any matter pertaining to any civil dispute/s including those stated earlier, arising between two or more parties in India or a party or parties in India and a party or parties in a foreign country or between foreign parties who agree or have agreed for adjudication by Legal Referee Online Arbitration under its rules;
  • The Legal Referee Online Arbitration Centre shall also be competent to administer the conduct of arbitration in any dispute or difference relating to a commercial transaction, a consumer dispute or any civil dispute between parties as mentioned above where the parties have agreed to have such arbitration administered by the Centre provided such dispute is arbitrable in law.
  • Wherever the parties have provided or agreed for arbitration through Legal Referee Online Arbitration under these rules or any amendments thereof shall apply.

 

  • Appointment  of  Arbitrators: The Legal Referee Online Arbitration Centre may appoint the Arbitrator under the following circumstances:
  • Both parties voluntarily approaching Legal Referee Online Arbitration in India for appointment of Arbitrators;
  • Legal Referee Online Arbitration is named in the agreement between parties as the appointing authority and on being called to make the appointment;
  • High Court, Subordinate Courts or other authority directing the Legal Referee Online Arbitration Centre to suggest name of persons for being appointed as Arbitrators.
  • Where the parties to a dispute arising out of an agreement or other arrangement (in which the Legal Referee is not named as the appointing authority) or any of them approach the Legal Referee Online Arbitration for assistance in the matter of appointment of Arbitrator/s pursuant to an agreement amongst them, the following procedure shall be applied in the matter of appointment of Arbitrator/s.
  1. The Legal Referee Online Arbitration shall obtain the consent of all parties to the dispute in writing to act as appointing authority.
  2. It shall assist the parties, for obtaining the consent of the concerned parties to choose a mutually agreed Arbitrator.
  • Legal Referee Online Arbitration shall appoint an Arbitrator from and out of the panel maintained by the Centre and the Arbitrator so appointed shall also be duly intimated in accordance with these rules. The parties will also be accordingly intimated.
  • Appointment of Arbitrator in cases where the Centre is named as appointing authority in agreement.
    1. Where the Centre is named as the appointing authority in the agreement governing the parties, the following procedure shall be followed in the matter of appointment of Arbitrator/s.
      1. Within fifteen days of receipt of a request from any party to a dispute arising out of an agreement in which the Legal Referee Online Arbitration is named as an appointing authority, the Legal Referee Online Arbitration Centre shall appoint an Arbitrator from its panel mutually acceptable to the parties.
      2. If within fifteen days from receipt of request from one party to the dispute, a mutually agreed Arbitrator cannot be appointed then the Legal Referee Online Arbitration shall proceed to appoint a single Arbitrator within a further period of ten days.
  • The Legal Referee Online Arbitration in accordance with these rules shall then convene the first sitting of the Arbitral Tribunal.
    1. High Court, Subordinate courts or other authorities referring matters to Legal Referee Online Arbitration Centre for appointment of Arbitrator/s.
    2. Where the High Court or any Court or other authority refers a matter to the Centre for suggesting names of an Arbitrator / Arbitrators, the following procedure shall apply:-
      1. If within fifteen days from receipt of appropriate directions from the High Court, Other Court or other authority, or such other time as the court may have fixed a mutually agreed Arbitrator cannot be suggested then the Legal Referee Online Arbitration Centre shall proceed within a further period of ten days or such other time as the court may  have  fixed  to  suggest  a  single Arbitrator and duly inform the court of such appointment. The Legal Referee Online Arbitration Centre in accordance with these rules shall then convene the first sitting of the Arbitral Tribunal within 30 days of receiving appropriate orders from the High Court, Subordinate Courts or other authorities for such appointment, or such other time as the court may have fixed.
  1. Arbitration Procedure
    • Reference to Arbitration:
      1. Where parties to a contract have agreed that any dispute or difference which may arise or has arisen, out of or in relation to a contract, shall be referred to Arbitration in accordance with these Rules, the same shall be referred accordingly.
      2. Where the parties sign a joint memorandum agreeing that their dispute shall be referred to Arbitration in accordance with these Rules or when the same is so referred through any proceedings in any Court, including:
        1. Under Section 89 of the Code of Civil Procedure, 1908;
        2. These Rules shall also apply where any court appoints an Arbitral Tribunal and directs that the arbitration shall be conducted under the aegis of the Legal Referee Online Arbitration Centre or in accordance with its rules,
        3. Where parties have entered into an Arbitration agreement in any of the modes specified in Section 7 of the Act agreeing to refer their disputes to arbitration in accordance with the Rules of the Legal Referee Online Arbitration
        4. Where parties to any International contract, have agreed to submit their disputes or differences to Arbitration in accordance with these rules.
  • Request to Arbitration:
    1. Any person desirous of initiating arbitration under these rules, shall submit his/its Request to the Legal Referee Online Arbitration and submit all relevant documents.
    2. The Request shall contain the following information:
      1. Name in full, description, contact details and address of each of the parties, complete details including e-mail addresses;
      2. A brief description of the nature and circumstances of the dispute giving rise to the claim;
      3. Statement of the relief sought, including an indication of any amount claimed along with supporting documents, if any;
      4. Relevant agreements and, in particular, the Contract in respect of which disputes have arisen an extract of the written arbitration clause or the deed of arbitration agreement, if separately contained.
      5. Provisional Terms of Reference and the issues to be adjudicated;
      6. Statements as to the applicable Rules or laws, if any, and the language in which the arbitration is to be conducted, and
      7. The order of the Court, if any, passed in proceedings referred to in these Rules.
  • On receipt of the Request of the party, the Legal Referee Online Arbitration shall scrutinize the same and if found in order, shall constitute the Arbitral Tribunal in accordance with the agreement of the parties and the rules of Legal Referee Online Arbitration Centre.
  1. The Party shall also make a tentative advance payment of his share of the registration fees, administrative and miscellaneous expenses and also the Arbitrator’s fee, as the Centre may indicate based on the scale of fees and charges fixed under the Rules.
  2. In the event that the Party fails to comply with any of the aforesaid requirements, the Legal Referee Online Arbitration may fix a time limit within which the Party shall comply, failing which, the file shall be deemed to be closed. However, it is open for such Party to submit the claim afresh in accordance with law.
  3. The Legal Referee Online Arbitration Centre shall send a copy of the Request, at the earliest to the other Party for his / their Reply to the Request.
  • Where a document is sent by post:-
    1. Service thereof shall be deemed to be effected by properly addressing, prepaying and posting a letter containing the documents and
    2. Such service shall be deemed to have been effected at the expiration of forty-eight hours after the letter containing the same is posted and in any other case, at the time at which the letter would be delivered in the ordinary course of post.
    3. Any written communication is deemed to have been received if it is delivered to the addressee personally or at his place of business, habitual residence or mailing address, and
    4. If none of the places referred to in above can be found after making a reasonable inquiry, written communication is deemed to have been received if it is sent to the addressee’s last known place of business, habitual residence or mailing address by registered letter or by any other means which provides a record of the attempt to deliver it.
  1. Constitution of the Arbitral Tribunal and challenges thereto :
    • The Legal Referee Online Arbitration Centre shall ensure that first sitting of the Arbitral Tribunal is held within 30 days from the date of the constitution of the Arbitral Tribunal.
    • The Legal Referee Online Arbitration Centre shall ensure that before the first sitting of the Arbitral Tribunal is held all papers filed by the parties with the Centre are forwarded to the Arbitrator/Arbitral Tribunal.
    • A party may challenge the Arbitrator appointed shall be made at the earliest or only for reasons which he becomes aware of after the appointment has been made.
    • For a challenge to be admissible, it must be sent within 15 days from receipt of the notice of appointment or confirmation of the Arbitrator/s or within 15 days from the date that the party making the challenge was in receipt of information of the facts and circumstances on which the challenge is based, if such latter date is subsequent to the receipt of the aforementioned notification.
    • The Legal Referee Online Arbitration shall decide on the admissibility and at the same time, if need be on the merits of a challenge after the parties and the arbitrator in issue and any other members of the Arbitral Tribunal have been accorded an opportunity to comment in writing within a fixed/suitable period of time. If the Legal Referee Online Arbitration finds prima facie merit in the objection, it shall direct not to hold the first sitting of the Arbitral Tribunal or further sittings till such objection is disposed of.
    • If the Legal Referee Online Arbitration finds no merit in the challenge, it will intimate by an order, the parties and Arbitrator/s accordingly and shall then proceed to fix the date of the next sitting of the Arbitral Tribunal.
    • An Arbitrator shall be replaced by the Legal Referee Online Arbitration upon death, or Arbitrator’s resignation or for any other reason whatsoever. Further, in the event the Arbitrator/s fails or is unable to act and a complaint to that effect has been received from any of the parties, the procedure in respect of the challenge and replacement of an Arbitrator/s as provided earlier will apply.
    • In the event of any change in the Constitution of the Arbitral Tribunal, the proceedings completed till the date of reconstitution will not be disturbed unless the newly constituted Arbitral Tribunal decides otherwise.
    • Decisions of   the   Legal Referee Online Arbitration as to the appointment, confirmation, challenge or replacement of an Arbitrator/s shall be final.
  2. Submission of pleadings, documents etc., to the Arbitral Tribunal :
    • The Legal Referee Online Arbitration Centre  shall  receive  the  documents   and shall forward the same to the Arbitrator/Arbitral Tribunal.

 

  • Claim and Defence Statement :
    • Once the Arbitral Tribunal has been constituted in the manner set out above, it will hold its first sitting on a day designated by the Legal Referee Online Arbitration Centre. The Arbitrator/s at the first sitting of the Arbitral Tribunal shall decide and determine the procedure and time frame for submitting the pleadings, fixing the date for oral hearings etc. At the first sitting of the Arbitral Tribunal, the Tribunal will fix a date when the claimant would serve his claim statement on the defendant which period shall not exceed thirty days from the date of first sitting of the Arbitral Tribunal. This period in exceptional circumstances, for reasons to be recorded in writing, may be extended by another 15 days.
    • The defendant/s / respondent/s shall within 30 days from the receipt of documents referred to above, set out his/its defence in a defence statement with the relevant documents. In exceptional circumstances, the defendants/ respondents may apply in writing to the Tribunal for an extension of time for filing his/its documents and defence statements. Extensions may be granted in exceptional cases but normally no further time beyond 45 days from receipt of claim statement and documents shall be granted. The Arbitral Tribunal would be empowered to fix a lesser period than that contemplated above.
    • A copy of the defence statement and the relevant documents shall be communicated to the claimant, by the defendants /respondents. Thereafter the claimant upon receipt of the defence statement shall be entitled to file their rejoinder. Within 30 days of review of the defence statement a copy of the rejoinder and relevant documents shall be communicated to the respondent and the Centre.
    • Any extension beyond the period contemplated in these Rules will be at the discretion of the Arbitral Tribunal which shall levy appropriate costs for such extensions or adjournments as it deems fit.
  • Counter claim and reply to Counter claim
    • Along with the counter statement any counterclaim made by the defendant shall be filed with all the necessary and relevant documents as in the case of the claim within 30 days of receiving the claim along with the counter statement and the claimant may within 30 days of the receipt of the defence statement with the counter claim, reply to the counterclaim within a further period of 30 days.
  1. Clubbing of claims / disputes:
    • When substantially the same dispute or question of law and facts are likely to arise in more than one contract or agreement, the Arbitral Tribunal may invite all parties involved to agree to club all claims / disputes in a single arbitration between such two or more of the parties.
  2. Pleadings, Copies of statements, Service of notices etc. :
    • All notices, communications etc., by the Legal Referee Online Arbitration Centre or the parties or Arbitrators shall be deemed to be validly made, if it is done so in compliance with  these    The  Arbitral Tribunal may direct any notice to be served by electronic mail .
    • Periods of time specified under these Rules or the Notification of the High Court or in provisions hereto, shall be calculated as per specifications regarding non-working days and National holidays as provided in the Limitation Act, 1963.
  3. Amendment of Pleadings :
    • Any request for amendment of any pleading will be decided by the Arbitral Tribunal in a manner it deems fit.
  • Hearings :
    • Subject to these rules, the Arbitral Tribunal may conduct the arbitration in such manner as it considers appropriate, provided that the parties are given equal opportunity to present their case at all stages. Without prejudice to the generality of its powers, the Arbitral
    • Tribunal shall ensure that except where the arbitral tribunal decides to proceed ex-parte the parties are heard in the presence of each other; that no evidence is received from one party without the knowledge of the other parties; witnesses are examined in the presence of the other party; that oral submissions are made in the presence of each other; that time frames as set out in these rules and as determined by the Arbitral Tribunal are respected.
    • If either party so requests, at any stage of the proceedings, the Arbitral Tribunal may hold hearings for the presentation of evidence by witnesses, including expert witnesses or for oral argument. In the absence of such a request, the Arbitral Tribunal shall decide whether to hold such hearings or whether the proceedings shall be conducted on the basis of documents and other materials.
  • Conduct of Proceedings:
    • Once all pleadings as contemplated in the preceding rules have been filed, the Arbitrator/s shall proceed within as short a time as possible, to appreciate the facts of the case by all appropriate means. After studying the written submissions of the parties and all documents relied upon, the Arbitrator/s shall proceed to fix dates for oral hearings of the case if so requested or deemed fit.
    • In addition, the Arbitrator/s may duly summon and hear any other person/witness in the presence of the parties or by commission, for the purpose of taking evidence.
    • The Arbitral Tribunal shall be empowered to appoint a Commission to investigate and report on any matter in dispute between the parties. The Arbitral Tribunal shall further enjoy such other powers as are entrusted to it by the provisions of the Arbitration and Conciliation Act, 1996.
    • The Arbitrator/s may appoint one or more experts to help them in their adjudication after due consultation with the parties to the dispute or on the request of the parties to the dispute after determining the costs to be paid to such experts.
    • If the parties duly summoned fail to appear and the Arbitral Tribunal is satisfied that the summons were served and that there is no valid excuse for the absence, the Arbitral Tribunal may go ahead with the proceedings, and decide the matter on merits. Such proceedings shall then have been deemed to be duly conducted and determination reached on the merits of the matter.
    • The Arbitral Tribunal will also be empowered to issue interrogatories.
    • The parties to the proceedings may appear in person or through authorized representatives or advocates.
    • The language of the proceedings shall normally be in English or as stated in Rule 37 determined by the Arbitrator/s and the parties thereto according to the facts and circumstances of the case and the language of the documents. If the parties desire that the proceeding be in any other language, they shall make a request even at the time of forwarding the request for appointment of Arbitrators. If the proceedings are to be in a language other than English, translation of the entire proceedings to English will be made and the cost of such translation shall be borne equally by the parties to the proceedings. The proceedings will be permitted to be in a language other than English only if the agreement provides for the same or all parties to the Arbitration proceedings and the Arbitrator(s) consent to such choice of language and the parties have agreed to the incidental costs.
    • If the parties reach a settlement before the adjudication or cessation of the proceedings, then and unless the claims and counter claims are withdrawn it shall be so recorded in the form of an arbitral award made with the consent of the parties on agreed terms.
    • The Arbitrators may in every arbitration proceedings that comes up before them, encourage parties to seek resolution of their disputes by mediation or conciliation and for this purpose may refer the matter to Mediation in accordance with the Rules of the Legal Referee Online Mediation Centre. No such reference shall be made unless all the parties or their representatives consent to such reference for mediation. The costs of such mediation or conciliation will be stipulated by the mediation or conciliation Centre to whom the matter is referred. In cases where it is referred to a panel of mediators maintained by the Legal Referee Online Mediation Centre the costs will be intimated to the parties before commencement of the Mediation proceedings.
    • The Arbitrators shall so far as may be possible discharge their duties in consonance with the Rules framed by the Centre for such purpose.
    • Joinder of Additional Parties
      1. The Arbitral Tribunal may implead a party to the arbitral proceedings with the written consent of all the parties to the arbitration agreement and written consent of the party as it deems fit.
      2. The proportionate administrative costs and Arbitral Tribunal’s fee prescribed in the respective schedule shall be payable by the newly added party.
  • The Arbitral Tribunal will determine the proportionate share of administrative costs and fee if there are more than two parties.
  • EMERGENCY ARBITRATOR
    • A party in need of emergency interim relief prior to the constitution of the Tribunal may apply for such relief pursuant to the procedures set forth herein below.
    • party in need of emergency relief may, concurrent with or following the filing of a Notice of Arbitration but prior to the constitution of the Tribunal, make an application for emergency interim relief. The party shall notify all other parties in writing of the nature of the relief sought and the reasons why such relief is required on an emergency basis. The application shall also set forth the reasons why the party is entitled to such relief. Such notice must include a statement certifying that all other parties have been notified or an explanation of the steps taken in good faith to notify other parties. The application shall also be accompanied by payment of any fees.
    • Prior to accepting appointment, a prospective Emergency Arbitrator  shall  disclose  to  the Legal Referee Online Arbitration Centre any circumstance that may give rise to justifiable doubts as to his impartiality or independence. Any challenge to the appointment of the Emergency Arbitrator must be made within one business day of the communication by the Registrar to the parties of the appointment of the Emergency Arbitrator and the circumstances disclosed.
    • An Emergency Arbitrator may not act as an arbitrator in any future arbitration relating to the dispute, unless agreed by the parties.
    • The Emergency Arbitrator shall, as soon as possible but in any event within two business days of appointment, establish a schedule for consideration of the application for emergency relief. Such schedule shall provide a reasonable opportunity to all parties to be heard, but may provide for proceedings by telephone conference or on written submissions as alternatives to a formal hearing. The Emergency Arbitrator shall have the powers vested in the Tribunal pursuant to these Rules, including the authority to rule on his own jurisdiction, and shall resolve any disputes over the application.
    • The Emergency Arbitrator shall have the power to order or award any interim relief that he deems necessary. The Emergency Arbitrator shall give reasons for his decision in writing. The Emergency Arbitrator may modify or vacate the interim award or order for good cause shown.
    • The Emergency Arbitrator shall have no further power to act after the Tribunal is constituted. The Tribunal may reconsider, modify or vacate the interim award or order of emergency relief issued by the Emergency Arbitrator. The Tribunal is not bound by the reasons given by the Emergency Arbitrator.
    • Any order or award issued by the Emergency Arbitrator shall, in any event, cease to be binding if the Tribunal is not constituted within 90 days of such order or award or when the Tribunal makes a final award or if the claim is withdrawn.
    • An order or award pursuant to an application under this rule shall be binding on the parties when rendered. By agreeing to arbitration under these Rules, the parties undertake to comply with such an order or award without delay.
    • The costs associated with any application under this rule shall initially be apportioned by the Emergency Arbitrator, subject to the power of the Tribunal to determine finally the apportionment of such costs.
    • These Rules shall apply as appropriate to any proceeding, taking into account the inherent urgency of such a proceeding. The Emergency Arbitrator may decide in what manner these Rules shall apply as appropriate, and his decision as to such matters is final and not subject to appeal.

 

  1. Closure of Proceedings :
    • The Arbitral Tribunal may inquire from the parties, if they have any further proof to offer or witnesses to be heard or submission to make and if there are none, pass an order to declare the hearings closed.
    • The Arbitral Tribunal may if it considers necessary, owing to exceptional circumstances, decide on its own motion or upon application of a party to re-open the hearings at any time before the award is made.
  • Time Limit :

The proceedings under the said rules shall be deemed to commence, for the purposes of determining the duration of the arbitral proceedings, from the time of the first sitting of the Arbitral Tribunal.

  • The arbitration proceedings, in entirety (including passing of the award) must be concluded within a period of twelve months from its commencement but every endeavour should be made by the Tribunal to ensure that it is completed before such period.
  • The final arbitral award must be rendered by the Arbitrator(s) within a period of 2 months from the date of conclusion of hearing and the Arbitrators are advised to make the award as expeditiously as possible after the close of hearings. Arbitrators may meet as many times as necessary to finalise the award but such meetings shall not be deemed to be sittings of the Tribunal for the purposes of payment of fees to Arbitrators or the Legal Referee Online Arbitration Centre. In appropriate cases the Arbitral Tribunal may however direct the parties to pay the expenses incurred for such meetings.
  • The Arbitral Tribunal may in exceptional circumstances and for reasons to be recorded in writing, extend the period by a further period not exceeding six months, subject to the inherent discretion of the Arbitral tribunal to extend the period by further twelve months in cases of extreme complexity for reasons to be recorded in writing.
  • In construing the periods mentioned in this clause, any duration for which the proceedings have been stayed by a court of law will be excluded.
  • Fees, Costs and Expenses :

The fees, costs and expenses relating to the arbitration proceedings shall include the following:

(i)            Registration fee

(ii)           Administration fee; and

(iii)          Arbitrator’s fee

(iv)         Reading Fees

The parties to the dispute will share all these expenses equally. The fees are subject to changes from time and all the advised to visit the site periodically.

  • Presence of parties before Arbitral Tribunal:
    • In cases where one party to a proceeding alone participates in the arbitral proceedings and the other party in spite of due service of notice remains ex-parte, an award shall be passed after hearing such party who is present. In such cases, the entire cost of the arbitration proceedings should be borne by the party who is present. The Arbitral Tribunal may however in all such cases award payment of costs in accordance with Law to the party attending the proceedings to enable them to recover it from the defaulting party.
    • In case the proceedings are adjourned on account of absence of both parties, the parties shall pay the fees to the Legal Referee Online Arbitration Centre and such further fee for the Arbitration sitting as may be determined by the Arbitrator(s).
    • In cases where the hearing is adjourned on account of absence of one or more of the parties to the proceedings, but not all of them.

Without prior intimation of at least 48 hours or without a valid reason, the parties so absent shall pay the fees) to the Legal Referee Online Arbitration and such further fee for the Arbitration sitting as may be determined by the Arbitrator(s). The fees payable for the adjournment are in addition to the fees payable mentioned in the Table of fees, costs and expenses.

  • Parties to aid Arbitral Tribunal :

The parties shall do all acts necessary to enable the Arbitral Tribunal to conclude the proceedings and make an award expeditiously and shall not do or cause or allow to be done, any act which will delay the proceedings or prevent Arbitral Tribunal from making an award expeditiously. If any party does cause or allow to be done any such act, that party shall pay such costs as the Arbitral Tribunal deems reasonable to the other party or to any person directed by the Arbitral Tribunal.

  1. Evidence of Experts :
    • The Arbitral Tribunal may at its discretion and at any time or times before making the final award, at the expense of the parties concerned, seek the opinion of any person having special knowledge relating to the subject matter of the proceedings, particular industry, commodity, produce or branch of trade concerned in the reference. If the parties agree, the Arbitral Tribunal may, at the expense of the parties, appoint any expert, accountant or lawyers, to assist them to arrive at a decision on any issue factual or legal, taking into account the advice of such assessor. The costs to be paid for assistance shall be decided by the Arbitral Tribunal on a reasonable basis.
    • If a party so requests or if the Arbitral Tribunal considers it necessary, the expert shall after delivery of his written or oral report participate in an oral hearing where the parties have the opportunity to present expert witnesses in order to testify to points in issue.
    • The expert shall on the request of a party make available to that party for examination, all documents, goods or other property in possession of the expert, with which he was provided in order to prepare his report.
  • Assistance of Court in taking evidence :
    • The Arbitral Tribunal or a party with the approval of the Arbitral Tribunal may apply to the Court for assistance in taking evidence:-
    • The Application shall specify
      1. The names and addresses of the parties and the Arbitrators;
      2. General nature of claim and relief sought;
  • The evidence to be obtained in particular;
  1. The name and address of any person to be heard as expert witness and a statement of the subject matter of the testimony required.
  2. The description of any document to be produced or property to be inspected.
  3. For the purposes of this rule, the Arbitral Tribunal may if it deems fit, engage legal assistance and the expenses for the same will be paid by the party/parties in a manner indicated by the Tribunal.
  • Contempt of orders of Arbitral Tribunal :
    • The Arbitral Tribunal is empowered to represent to any appropriate Court of law and seek penalty or punishment of any party who is in contempt of any order of the Arbitral Tribunal or any proceedings before it.
    • The Arbitral Tribunal is further empowered to represent to any Court of Law and seek penalty and punishment, in respect of persons failing to attend in accordance with such process, or making any other default or refusing to give their evidence or are guilty of any contempt to the Arbitral Tribunal in respect of the conduct of the arbitral proceedings and for such purpose, may engage legal assistance on terms to be decided by the Arbitral Tribunal.
  • Parties to comply with orders/directions of Arbitral Tribunal :

The parties to the dispute and any witness on their behalf, shall be subjects to the provisions of any law for the time being in force:

  • Submit to be examined by the Arbitral Tribunal on oath or affirmation, in relation to the matters in dispute.
  • Produce before the Arbitral Tribunal all books, deeds, papers, accounts, writings and documents in their possession or power respectively which may be required or called for by the Arbitral Tribunal, at the instance of the other party to the dispute.
  • Comply with the requirements of the Arbitral Tribunal as to the production or selection of samples, and
  • Generally do all other things which during the pendency of the reference, the Arbitral Tribunal may require for the due and proper conduct of arbitration proceedings.
  • Powers of Tribunal while adjudicating disputes

The Arbitral Tribunal will consider, as far as possible to receive the evidence of witnesses by affidavit, provided that the witness whose affidavit is admitted in evidence, is made available for cross-examination at the request of the opposite party subject to the law applicable.

The Arbitral Tribunal may:-

  • Administer oath or affirmation to the parties or witnesses appearing and giving evidence;
  • Make any interim order, in accordance with the provisions of the Arbitration and Conciliation Act, 1996;
  • Correct in any award, any clerical mistake or error, arising from or incidental to any slip or omission;
  • Administer to the parties to the arbitration or other persons, such interrogatories as it may consider necessary;
  • Decide all objections to its jurisdiction;
  • Decide in accordance with the governing law:
  • the contract or the matter in dispute,
  • the arbitration agreement, and
  • the arbitration procedure.
  • The power of the Arbitral Tribunal includes the power to determine the admissibility, relevance, materiality and weight of any evidence.
  • In matters of procedure the Arbitral Tribunal though not bound shall be guided by the powers as are vested in a Civil Court under Code of Civil Procedure 1908 (5 of 1908) while trying a suit in respect of the following matters namely :-
    • the summoning and enforcing the attendance of any defendant or witness and examining the witness on oath;
    • the discovery and production of any document or other material object producible as evidence;
    • the reception of evidence on affidavits;
    • the requisitioning of the report of the concerned analysis or test from the appropriate laboratory or from any other relevant source;
    • issuing of any commission for the examination of any witness, and
    • any other matter which may be prescribed under the Act.
      • The Arbitral Tribunal may award interest at such rate as it deems reasonable, on the whole or any part of the money, for the whole or any part of the period between the date on which the cause of action arose and the date on which the award is made as also for the period the award or any part of it remains unsatisfied in accordance with section 31 (7b) of The Arbitration & Conciliation Act 1996.
      • Any matter not provided for expressly in these rules will be decided by the Arbitral Tribunal in a manner it deems fit.
  • Competence of Arbitral Tribunal to rule on its own Jurisdiction :
    • 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,
      1. an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract; and
      2. a decision by the Arbitral Tribunal that the contract is null and void, shall not entail by itself the invalidity of the arbitration clause.
    • A plea that the Arbitral Tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defence; however a party shall not be precluded from raising such a plea merely because he has appointed or participated in the appointment of an Arbitrator.
    • A plea that the Arbitral Tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings.
    • The Arbitral Tribunal may in either of the cases referred to in sub-section (b) or sub-section (c) admit a later plea if it considers the delay justified.
    • The Arbitral Tribunal shall decide on a plea referred to in sub-section (b) or sub-section (c) and where the Arbitral Tribunal takes a decision rejecting the plea, continue with the arbitral proceedings and make an arbitral award.
  • Power to dismiss application or claim :
    • The Arbitral Tribunal may dismiss the application or claim where, without sufficient cause:
      1. the claimant does not prosecute the arbitration proceedings or file the papers within the time granted or extended time.
      2. or neglects or refuses to pay the dues or deposits ordered to be paid by the Arbitral Tribunal or the Centre.
  • Amiable Compositeur :
    • The Arbitral Tribunal, if the parties so desire expressly in writing, shall resolve the dispute submitted to it ex aequo et bono or as amiable compositeur.
    • When the parties agree that the Arbitral Tribunal shall resolve the dispute ex aequo et bono or as amiable compositor, they vest an authority to decide the matter in dispute according to equity and good conscience, or to take a decision as per trade practice and usage, or to give effect to the intentions of the parties as gathered from surrounding circumstances, in preference to giving literal meaning to the words incorporated in the contract.
  • Language of proceedings:

The language of the arbitration proceedings shall be in English, unless otherwise agreed by the parties. If any documents filed by a party are in a language other than English and if the Arbitral Tribunal so desires, the party filing such documents shall simultaneously furnish an English translation of the documents. The Legal Referee Online Arbitration Centre may make arrangements for the service of an interpreter or translator, at the request of one or more of the parties and costs thereof, shall be paid to the Legal Referee Online Arbitration Centre.

  • Applicable law
    • In  international  arbitrations,  the  Arbitral Tribunal shall apply the law designated by the parties as applicable to the substance of the dispute. Failing such designation by the parties, the Arbitral Tribunal shall apply the law determined by the conflict of laws and rules which it considers applicable.
    • In all other cases, the Arbitral Tribunal shall decide in accordance with the law applicable to the transaction, the terms of the contract and shall also take into account the usages of the trade applicable to the transaction.
  • Award to be based on decision of majority:
    • Whenever there is more than one Arbitrator, any decision of the Arbitral Tribunal shall be made either unanimously or failing which by a majority of all its members.
    • An arbitral award setting out the decision of the Arbitral Tribunal shall be signed by the members of the Arbitral Tribunal.
    • In arbitral  proceedings  with  more  than  one Arbitrator, the signature of the majority of all the members of the Arbitral Tribunal shall be sufficient so long as the reason for any omitted signature is stated.
  • Award :
    • When an   Award   has   been   made,   the Legal Referee Online Arbitration Centre shall furnish a signed copy of the award duly certified by the Centre to the parties by registered post, provided the arbitration costs have been fully paid to the Legal Referee Online Arbitration Centre Centre by the parties or by one of them.
    • The Centre may print, publish or otherwise circulate any award made under its rule or under its auspices, in any arbitration journal, magazine, report etc., for the purpose of creating arbitration jurisprudence or precedents for the benefit and guidance of future arbitrations.
    • No party to the arbitration shall have any objection to the publication of awards as above, provided that the names and addresses of any party to the dispute will be omitted from such publication and its identity duly concealed if so desired by such party.
  • Award to be reasoned Award :

The Arbitral Award shall state the reasons upon which it is based, unless the parties have agreed otherwise or unless the Award is an Arbitral Award on agreed terms.

  • Correction of the Award :
    • The Arbitral Tribunal may on its own initiative correct any computation errors, any clerical or typographical errors or any other errors of a similar nature occurring in the Award within 30 days from the date of the Arbitral Award.
    • Within 30 days after the receipt of the arbitral award, either party with notice to the other party may request the Arbitral Tribunal to correct in the Award, any errors in computation, any clerical or typographical errors or any errors of similar nature. The Arbitral Tribunal may within 30 days on receipt of such request and hearing objections if any, make such corrections if it finds the request to be sustainable.
    • If so agreed by the parties, a party with notice to the other party may request the Arbitral Tribunal to give an interpretation of a specific point or part of the Award which if found admissible will be made within 30 days of receipt of the request.
  • Additional Award :
    • Within 30 days after the receipt of the Award, either party with notice to the other party, may request the Arbitral Tribunal to make an additional award as to claims presented in the arbitral proceedings but omitted from the Award.
    • If the Arbitral Tribunal considers the request for an additional Award to be justified and considers that the omission can be rectified, without any further hearings or evidence it shall deliver its Additional Award within 30 days after the receipt of the request.
  • Award based on agreement between parties:

Should the parties arrive at a settlement of the dispute by common agreement before the Arbitral Tribunal and the Arbitral Tribunal is satisfied that such agreement is genuine and not to defeat the purpose of any law, the Arbitral Tribunal shall render an Award as per agreement of the parties. Otherwise, the Arbitral Tribunal shall make the Award on the basis of documents, evidence, etc., filed before it by the parties, and the submissions made before it.

  • Costs

The Arbitral Tribunal shall fix the quantum of costs in consonance with these rules and the party by whom it shall be borne, in its award. The term “costs” includes:

  • The fees paid to the Arbitral Tribunal;
  • The travel and other expenses incurred by the Arbitrators;
  • The costs of expert advice and of other assistance required by the Arbitral Tribunal;
  • The travel and other expenses of witnesses to the extent such expenses are approved by the Arbitral Tribunal;
  • The costs for legal representation and assistance of the successful party if such costs were claimed during the arbitral proceedings and only to the extent that the Arbitral Tribunal determines that the amount of such costs is reasonable;
  • All fees and expenses of the Legal Referee Online Arbitration Centre Centre.

The Arbitral Tribunal shall also specify:

  • the party entitled to costs
  • the party who shall pay the costs
  • the amount of costs or the method of determining that amount and
  • the manner in which the costs shall be paid.
  • Apportionment of costs :
    • The Arbitral Tribunal may apportion such costs between the parties, if it determines that apportionment is reasonable taking into account the circumstances of the case.
    • With respect to the costs of legal representation and assistance referred to in these rules, the Arbitral Tribunal taking into account the circumstances of the case, shall be free to determine which party shall bear such costs or may apportion such costs between the parties, if it determines that apportionment is reasonable.
    • When the Arbitral Tribunal issues an order for the termination of the arbitral proceedings or makes an award on agreed terms, it shall fix the costs of arbitration accordingly.
    • In a   proceeding   where   both   parties  participate,      if   the   entire   costs   of   the Arbitration is borne by only one party, and the other party fails to pay his share of the cost, then the Arbitrator(s) shall be entitled to provide for costs in the Award including the payment of proportionate costs to the party who has paid such costs as aforesaid.
    • Interest on sums Awarded: The Arbitral Award shall also provide the rate of interest to be paid.
  • Notification, deposit and enforceability of the Award :

The Arbitrators constituting the Arbitral Tribunal shall sign the award and the Legal Referee Online Arbitration Centre  shall notify to the parties of the making and signing thereof and of the amount of fees and charges payable in respect of the arbitration and the award and remaining unpaid fees.

The Legal Referee Online Arbitration Centre Centre shall intimate the parties that the award of the Arbitral Tribunal will sent sent through and also will then be dispatched by registered post acknowledgement due to the parties.

  • Payment of stamp duties :

In all cases stamp duties will be paid in accordance with the scale of stamp duties for the time being imposed by law and will be paid in the manner indicated by the Arbitral Tribunal.

  1. Waiver :

Any party who proceeds with the arbitration with the knowledge that any provision or requirement of these rules has not been complied with and who fails to state his objection thereto in writing, without undue delay or if a time limit is provided for stating the objection, within that period of time to the Centre or the Arbitral Tribunal as the case may be, shall be deemed to have waived his right to object.

  • Documents filed before Arbitral Tribunal :

Unless there is any specific requirement in law, the Arbitral Tribunal shall have full discretion to retain / or to return all books, documents or papers produced before it and may direct at any time that the books, documents or papers produced before it, or any of them may be returned to the parties producing them, on such terms and conditions that the Arbitral Tribunal may impose.

  • Withdrawal of claim :

When the party instituting a case desires to withdraw it before the Arbitral Tribunal has been constituted, the Registrar shall return to him any deposits made by him under after deducting such charges as he might have incurred in connection with the cases. The registration fee however shall not be refundable. For the purposes of this clause, the expression “Claim” shall include a counter claim.

  • Action taken in good faith :

Neither the Legal Referee Online Arbitration Centre Centre nor the Arbitral Tribunal shall be liable for any action or omission in whatever capacity taken in good faith, while acting in connection or in relation to an arbitration under these rules.

  • Amendment of Rules :

The Legal Referee Online Arbitration Centre may revise, amend or alter these rules or the schedule of fees and other amounts. Such amendment shall however not affect existing proceedings unless specifically made applicable.

  • Interpretation of these Rules :

In case of any doubt regarding the meaning or interpretation of these rules, the same may be referred to the Legal Referee Online Arbitration Centre by the parties or the Arbitrators appointed by the Centre. The decision of the Legal Referee Online Arbitration Centre on any question relating to interpretation of these rules shall be final and binding on the parties and the arbitrators.