​

 

Negotiation Rules

 

1. Initiating Negotiation 

​

1.1. Any of the parties may initiate negotiation through Bharat Disputes Resolution (“BDR”).  

1.2. To initiate the process of negotiation, the prerequisites are: 

1.2.1. Claimant is registered with Bharat Disputes Resolution (“BDR”) 

1.2.2. Claimant submits a claim with Bharat Disputes Resolution (“BDR”) with the contact details of the respondent. 

1.2.3. With these details, Bharat Disputes Resolution (“BDR”) intimates the respondent of the case filed and asks the respondent to respond to the claim. 

1.2.4. Respondent must register with Bharat Disputes Resolution (“BDR”) before responding to the claim made by the claimant 

1.2.5. Both parties agree to Negotiation as a mode of dispute resolution without prejudice to any legal proceedings pending between parties 

1.2.6. Proofs in support of the claim or reply-to-claim should be adequate 

1.2.7. The respondent may also reject the claim completely in which case the parties may choose to escalate the dispute to mediation or arbitration. 

​

2. Representation

​

2.1. It is expected that Negotiation is resorted to for disputes that are quantifiable and hence amenable to resolution by this mode. 

2.2. The parties will negotiate themselves and it is not expected for the parties to be represented by a counsel / other representative except for genuine reasons such as disability / age / medical condition(s). 

​

3. Support for Resolution 

​

To handle resolution on an end-to-end basis, Bharat Disputes Resolution (“BDR”) will assign a Case Manager for the dispute. The Case Manager will provide all support for resolution including resolving queries and coordination for faster dispute resolution.  

​

4. Conduct of Negotiation

​

4.1. Bharat Disputes Resolution (“BDR”) facilitates the negotiation by use of claim and reply-to-claim values to start with. 

4.2. In subsequent rounds of negotiation, both parties modify their numbers. The claimant is allowed to only reduce the amount and the respondent is allowed only to increase the amount offered. 

4.3. At any point during the process of negotiation, if both parties agree at the same amount(s), the settlement is deemed to have been achieved and the Case Manager progresses the case to the agreement phase. 

​

5. Role of Parties 

​

The parties agree to attend the negotiation sessions with the objective to reach a meaningful settlement to the dispute and with adequate effort and preparation in this regard. 

 

6. Fees for negotiation 

​

Fees will be as per the Fee Schedule specified by Bharat Disputes Resolution (“BDR”) as may be amended from time to time. 

​

7. Settlement Agreement 

​

The Case Manager will prepare a settlement agreement when the parties reach an agreement (ref clause 4.3). The settlement agreement will be generated and signed off by the parties and authenticated by a Conciliator and issued on payment of the requisite fees. 

​

8. Termination of Negotiation  

​

The proceedings will terminate in any of the following cases: 

8.1. a settlement agreement is reached between the two parties on some or all the issues under dispute   

8.2. the parties are unable to come to an agreement in the designated number of rounds (The parties are free to escalate the case to mediation or arbitration through Bharat Disputes Resolution (“BDR”) on an immediate basis). 

8.3. any of the parties withdrawing from the negotiation proceedings 

​

9. Confidentiality  

​

The parties and their agents, the conciliator and Bharat Disputes Resolution (“BDR”) and its employees shall keep confidential and shall not rely on or introduce as evidence in arbitral, judicial or any other proceeding, the following, whether or not such proceedings relate to the dispute that is the subject of the negotiation :  

9.1.  The mode chosen by the Party for resolution.  

9.2.  Any bids or counteroffers made by any of the parties.  

9.3.  Whether or not a Party had indicated a willingness to accept the bid / offer for settlement made during the negotiation.   

9.4.  All proceedings in the negotiation (save for a settlement agreement) will be without prejudice to their legal rights and claims.   

​

10 Exclusion of liability  

​

10.1.  Neither Bharat Disputes Resolution (“BDR”), its employees or any of the products / tools used during the process shall be liable to any of the parties due to any error / act of omission during the conduct of the negotiation.   

10.2.  Unless required by law, Bharat Disputes Resolution (“BDR”) or its agents / employees shall not be required to testify in any proceedings – judicial or otherwise – with respect to conduct of the negotiation under these rules

  

11. Amendments to Bharat Disputes Resolution (“BDR”) Negotiation Rules 

​

11.1.  Bharat Disputes Resolution (“BDR”) reserves the right to amend these rules from time to time. However, a case once registered will continue to be processed for negotiation under the rules under which it was registered.   

11.2.  The date, for this purpose will be reckoned to be the date when filing of the claim was done.   

11.3.  In case of any disputes, the decision of Bharat Disputes Resolution (“BDR”) will be binding in this regard   

​

Mediation Rules 

​

1. Agreement to Mediate / Conciliate 

This refers to an agreement for resolving disputes through mediation / conciliation and can be any of the following: 

1.1. an existing contract that stipulates that the parties will resort to mediation / conciliation under the Bharat Disputes Resolution (“BDR”) mediation / conciliation rules for resolution of existing / future disputes  

1.2. A request by both parties that they agree to mediate / conciliate for resolution of the dispute in accordance with Bharat Disputes Resolution (“BDR”) mediation / conciliation rules 

 

2. Initiating Mediation / Conciliation 

​

2.1. Any of the parties may initiate mediation / conciliation through Bharat Disputes Resolution (“BDR”) (the case could also be escalated to mediation / conciliation if the parties do not reach an agreement during negotiation).  

2.2. To initiate the process, the Party must submit the following: 

2.2.1. Agreement to mediate / conciliate as detailed above in 1.1 and 1.2 

2.2.2. In the absence of an agreement, both parties agreeing to resolve disputes through Bharat Disputes Resolution (“BDR”) as  

part of the terms and conditions of registration on Bharat Disputes Resolution (“BDR”), will be deemed to be an agreement to resolve disputes through Bharat Disputes Resolution (“BDR”), in this case using mediation / conciliation, even though they may sign up at different points of time. 

2.2.3. A statement with brief details of the dispute and the quantum of relief sought 

2.2.4. Any proofs in support of the submission   

2.2.5. Contact details of the other Party to the dispute. Bharat Disputes Resolution (“BDR”) will intimate the other Party of the request to mediate / conciliate and initiate the process of mediation / conciliation once the other Party agrees to resolve the dispute through Bharat Disputes Resolution (“BDR”)   

 

3. Representation 

​

3.1. Subject to applicable law, parties can be represented by any persons they choose.   

3.2. The parties will provide representative details to Bharat Disputes Resolution (“BDR”) and the other Party through the Bharat Disputes Resolution (“BDR”) portal. 

​

4. Support for Resolution 

​

To handle resolution on an end-to-end basis, Bharat Disputes Resolution (“BDR”) will assign a Case Manager for the dispute. The Case Manager will provide all support for resolution including queries, scheduling, reminders and coordination.   

​

5. Appointment of Mediator / Conciliator 

​

5.1. The Case Manager will assign a mediator / conciliator from its panel for resolving the dispute. 

5.2. Prior to accepting to mediate / conciliate, the mediator / conciliator will make reasonable enquiries to establish if there is actual or potential conflict of interest and if so, disclose the same.   

5.3. In case there is a likely or actual conflict so disclosed, Bharat Disputes Resolution (“BDR”) will communicate the same to the parties who can choose to waive the same, in which case the mediator / conciliator can be appointed failing which a new mediator / conciliator will be appointed. 

 

6. Conduct of Mediation / Conciliation 

​

6.1. After the appointment of mediator / conciliator, the Case Manager will work with the parties and the mediator / conciliator to schedule the introductory meeting.   

6.2. The parties and the mediator / conciliator may agree on a procedure to be followed in the conduct of the mediation / conciliation. Where no such procedure is agreed upon, the mediator / conciliator will conduct the sessions to the best of his judgement and ability with a view to facilitate a settlement of the dispute at hand. 

6.3. The mediator / conciliator may take the help of the Case Manager for smooth and fair conduct of the proceedings. 

​

7. Role of Mediator / Conciliator 

​

7.1. The mediator / conciliator will assist a settlement of the dispute by facilitating a free and fair communication between parties and objectively identifying issues with a view to reduce misunderstandings. The mediator / conciliator will however not impose any solution or settlement on the parties. 

7.2. The mediator / conciliator will engage with the parties separately as required and any information shared / views expressed by the Party will not be shared with the other Party without express consent of the Party sharing the information. 

​

8. Role of Parties 

​

The parties agree to attend all sessions with the objective of reaching a meaningful settlement to the dispute and with adequate effort and preparation in this regard.  

​

9. Role of Bharat Disputes Resolution (“BDR”) 

​

Bharat Disputes Resolution (“BDR”) will be responsible for  

9.1. appointing the mediator / conciliator for the case 

9.2. organising for the conduct of the mediation / conciliation sessions 

9.3. providing the technology and other infrastructure as may be required for conduct of online and/or offline mediation / conciliation.   

9.4. provide general support through the case manager and secretarial staff for a smooth and quick resolution 

9.5. creating the necessary documentation for the settlement, and performing the actual settlement, if the parties opt for the service, to consummate the agreement   

​

10. Fees for mediation / conciliation 

​

Fees will be as per the Fee Schedule specified by Bharat Disputes Resolution (“BDR”) as may be amended from time to time. 

​

11. Settlement Agreement 

​

The mediator / conciliator will help the disputing parties reach a settlement to the dispute. When the mediator / conciliator finds possible elements of settlement, he may draft a settlement agreement which will be treated as an arbitral award as mentioned in section 74 of the Arbitration & Conciliation Act, 1996 (“The Act”), seek comments of the parties and reformulate the agreement basis the comments. Once the same is agreed upon, the settlement agreement is generated and signed off by the parties and authenticated by the mediator / conciliator. 

​

12. Termination of Mediation / Conciliation 

​

12.1. The proceedings will terminate in any of the following cases: 

12.1.1. a settlement agreement is reached between the two parties on some or all the issues under dispute  

12.1.2. the mediator / conciliator concluding that it would be futile to continue to mediate / conciliate as resolution is not possible. (The parties are free to escalate the case to arbitration through Bharat Disputes Resolution (“BDR”) on an immediate basis. 

12.1.3. any of the parties withdrawing from the mediation / conciliation proceedings 

12.1.4. If a Party fails to attend 3 sessions without any prior intimation and reason  

12.2. The mediator / conciliator will keep the case manager informed in writing of termination of proceedings within 48 hours mentioning, inter alia, the date of termination, whether settlement was reached or not and if reached whether it was full or partial. Such an intimation will be copied to both parties as well. 

12.3. Bharat Disputes Resolution (“BDR”) will keep such intimation confidential and not share the existence of the same or its contents unless expressly agreed upon by both the parties. However, such information may be used to process any statistics or aggregate date so long as the identity of the disputants is not revealed. 

12.4. If the mediation / conciliation is terminated, the case manager may suggest escalation to arbitration and if both parties agree, transfer the case for arbitration. 

​

13. Confidentiality  

​

13.1. Confidential information disclosed during the mediation / conciliation shall not be divulged by any of the parties and their agents / the mediator(s) / conciliator(s) and Bharat Disputes Resolution (“BDR”) and its employees, all of whom shall maintain confidentiality of all information obtained and records, reports, or other documents received / shared.   

13.2. All attendees shall maintain the confidentiality of the mediation / conciliation.  

13.3. The parties, mediators / conciliators and Bharat Disputes Resolution (“BDR”) shall not rely on or introduce as evidence in arbitral, judicial or any other proceeding, the following, whether such proceedings relate to the dispute that is the subject of the mediation / conciliation: 

13.3.1. Views expressed or suggestions made by any attendee, including the parties and the mediator / conciliator, in respect of a possible settlement of dispute.  

13.3.2. Admission made by a Party/its representative in the mediation/ conciliation.  

13.3.3. Proposals made or views expressed by the mediator / conciliator. 

13.3.4. Whether or not a Party had indicated willingness to accept a proposal for settlement made during the mediation / conciliation. 

​

14. Exclusion of liability  

​

14.1. Neither Bharat Disputes Resolution (“BDR”), its employees or any of the mediators / conciliators shall be liable to any of the  

parties due to any error / act of omission during the conduct of the mediation / conciliation.  

14.2. Unless required by law, Bharat Disputes Resolution (“BDR”) or its agents / employees shall not be required to testify in any proceedings – judicial or otherwise – with respect to conduct of the mediation / conciliation under these rules 

​

15. Amendments to Bharat Disputes Resolution (“BDR”) Mediation Rules 

​

15.1. Bharat Disputes Resolution (“BDR”) reserves the right to amend these rules from time to time. However, any case once registered will continue to be processed for Mediation/ Conciliation under the rules under which it was registered.  

15.2. The date, for this purpose will be reckoned to be the date when filing of the claim was done.  

15.3. In case of any disputes, the decision of Bharat Disputes Resolution (“BDR”) will be binding in this regard. 

​

Arbitration Rules 

​

1. Definitions 

​

1.1. ‘Act’ refers to the Arbitration and Conciliation Act, 1996. 

1.2. ‘Arbitral Award’ refers to the award passed by an arbitral tribunal and includes interim award 

1.3. ‘Court’ refers to court as defined by the Act 

1.4. ‘Date of reference’ means the date on which the arbitrators have received intimation of their appointment to the tribunal  

1.5. ‘List’ refers to the list of Arbitrators empanelled as arbitrators with Bharat Disputes Resolution (“BDR”) 

1.6. ‘Rules’ refers to the Bharat Disputes Resolution (“BDR”) Arbitration Rules and any amendments made to the said rules from time to time. 

1.7.  ‘Party’ means a Party which includes any individual, firm, company, government, governmental agency and any other organization including its representatives, agents, power agents or attorney(s) appointed by them and authorised to file a claim and/ or depose before the arbitral panel for the specific dispute in reference. 

1.8.  ‘Tribunal’ refers to a sole arbitrator or a panel of arbitrators appointed to arbitrate over a dispute. Any singular noun shall be understood to refer to the plural where appropriate. Any pronoun shall be understood as gender neutral 

​

2. Applicability of rules 

​

2.1.  Rules of Bharat Disputes Resolution (“BDR”) Arbitration will apply to all institutional arbitration conducted through Bharat Disputes Resolution (“BDR”) including:  

2.1.1. Arbitration carried out by Bharat Disputes Resolution (“BDR”) using Bharat Disputes Resolution (“BDR”) empanelled individual arbitrator(s), and  

2.1.2. Arbitration carried out under arrangements with arbitral houses/ centres and utilising arbitrators empanelled with such centres or otherwise 

2.2. For ad hoc arbitration carried out through Bharat Disputes Resolution (“BDR”), parties may agree upon their own set of rules. In such cases, it will be the responsibility of the parties, to ensure that the dispute is arbitrable under law 

2.3. In case of any dispute on the applicability of rules or otherwise, Bharat Disputes Resolution (“BDR”) would be the deciding authority in this regard 

​

3. Services Offered 

​

3.1. Conduct of arbitral proceedings: 

Bharat Disputes Resolution (“BDR”) will make available resources and infrastructure for filing of a claim, submission of defence statement, uploading of documents, appointment of arbitrators, scheduling of meetings either online or requiring physical presence and issue of arbitral award for institutional arbitration cases in accordance with the Bharat Disputes Resolution (“BDR”) Arbitration Rules.   

3.2. Advisory services: 

Drafting of arbitral agreements for cases other than institutional arbitration conducted under the Bharat Disputes Resolution (“BDR”) Arbitration Rules will also be offered by Bharat Disputes Resolution (“BDR”) on a case-to-case basis and at its sole discretion. The fees for the same will be determined keeping in mind the case in hand. 

3.3. Administrative Services: 

Includes providing halls, secretarial services, or any other incidental requirement during conduct of the arbitration. 

​

4. Jurisdiction for Arbitration 

​

Bharat Disputes Resolution (“BDR”) offers its services to resolve / undertake administrative support for   

4.1. All cases pertaining to a civil dispute between parties that may be referred to Bharat Disputes Resolution (“BDR”) for arbitration under these rules. 

4.2. All cases referred by the Court for arbitration to Bharat Disputes Resolution (“BDR”). 

4.3. All cases where both parties are member to any organization whose guidelines, including but not limited to Standard Operating Procedures (SOPs), stipulate arbitration using Bharat Disputes Resolution (“BDR”)   

4.4. All cases wherein the terms of the contract, which is the subject of a claim or dispute, stipulate arbitration by Bharat Disputes Resolution (“BDR”). 

4.5. Offer administrative services in connection with arbitration of disputes provided the parties or the arbitrators appointed by the parties agree to and request Bharat Disputes Resolution (“BDR”) to administer such cases through Bharat Disputes Resolution (“BDR”). 

All arbitration will be subject to the Bharat Disputes Resolution (“BDR”) Arbitration Rules and amendments thereof, provided the dispute in hand is arbitrable.   

Bharat Disputes Resolution (“BDR”) retains the right to refuse to arbitrate any dispute, at its discretion, including if it finds that such arbitration is contrary to its rules or beyond its jurisdiction.  

​

5. The Tribunal 

​

The arbitration tribunal, herein after referred to as the ‘Tribunal’ comprises of an arbitrator or a panel of arbitrators who are equipped to handle the disputes referred for resolution. The tribunal will consist of an odd number of arbitrators viz 1 and 3, depending on the choice of the parties. Bharat Disputes Resolution (“BDR”) may limit cases to be resolved below a threshold or a type of dispute to be arbitrated with only a single arbitrator tribunal. In its endeavour to provide trained and qualified arbitrators, Bharat Disputes Resolution (“BDR”) may enter an arrangement with one or more arbitral institutions as well as independent arbitrators to arbitrate disputes sourced through the platform/ other channels. 

​

6. Appointment of Tribunal 

​

The Tribunal shall consist of single arbitrator or a panel of odd number of arbitrators including a Presiding Arbitrator 

6.1.  Appointment of arbitrators: 

6.1.1. The Case Manager will assign an arbitrator / panel of arbitrators for the case. 

6.1.2. Bharat Disputes Resolution (“BDR”) will make reasonable enquiries to establish if there is an actual or potential conflict of interest. The Arbitrator(s) shall provide no conflict declaration within 4 days of their appointment. 

6.1.3. In case there is a likely or actual conflict so disclosed, Bharat Disputes Resolution (“BDR”) will communicate the same to the parties who can choose to waive the same, in which case the arbitrator(s) can be appointed failing which a new arbitrator will need to be appointed following the procedure set out above. 

​

7. Challenge to appointment of arbitrator 

​

7.1.  If a Party wishes to challenge the appointment of an arbitrator for grounds of lack of independence or any other grounds, it must do so within 15 days of the appointment and only for grounds that became known to it post the appointment of the said arbitrator(s) to the panel. In case such Party fails to communicate its objection within such period they will be deemed to have waived their right to object. 

7.2. The challenge will carry details of the ground of challenge and will be submitted to Bharat Disputes Resolution (“BDR”) with a copy to the other Party and the arbitrators separately. The decision of Bharat Disputes Resolution (“BDR”) in this regard will be final and the same will be communicated within 15 days of the challenge having been filed 

​

8. Resignation/Death of Arbitrator 

​

 If at any point during the arbitration, If at any point during the arbitration, if any arbitrator dies or if any arbitrator claims that he/she is unable to perform their duties to the best of their ability and as per the rules, such arbitrator is deemed to have been terminated and, in their place, Bharat Disputes Resolution (“BDR”) shall find and appoint the replacement within 15 days in consonance with provision of clause 6 above. 

​

9. Powers of the Tribunal 

​

Within the procedural framework of the Bharat Disputes Resolution (“BDR”) Arbitration Rules, in consultation with the Case Manager appointed by Bharat Disputes Resolution (“BDR”) and within the framework of extant regulations and law including The Arbitration & Conciliation Act, 1996: 

9.1. The Tribunal may rule on the existence or validity of the arbitration agreement 

9.2. The tribunal may combine disputes under its jurisdiction if it deems fit 

9.3. The Tribunal shall determine its own procedure to conduct the arbitration proceedings and its amendments thereof subject to these provisions. 

9.4. The tribunal shall decide its own rules of admissibility of evidence 

9.5. The Tribunal may request for one or more experts on specific issues if need be. Here, it is assumed that, with a domain expertise- based allocation of arbitrators, the need for such an expert will be de minimis. In the rare event that such an expert is needed, the presiding arbitrator will make a clear request to Bharat Disputes Resolution (“BDR”), well before the start of the arbitration proceedings, for such an expert giving reason for such a request.   

9.6. The Tribunal may terminate or stay the proceeding if it sees necessary cause 

9.7. The Tribunal may award interim awards.  

​

10. Arbitral Assistance 

​

10.1. To assist efficient and timely resolution of the arbitration, a ‘Case Manager’ will be assigned for every dispute referred to Bharat Disputes Resolution (“BDR”).  

10.2. Such ‘Case Manager’ will provide all support for resolution including response to queries, scheduling arbitral sessions, communicating reminders and administrative coordination.  

10.3. Bharat Disputes Resolution (“BDR”) may also assign such secretarial staff, as required for every proceeding to support and record the proceedings as per the rules 

​

11. Request for Arbitration: 

​

11.1. The request to initiate arbitration proceedings could emanate in any of the following ways: 

11.1.1. In case one Party registers the dispute in the Bharat Disputes Resolution (“BDR”) platform as a claim.   

11.1.1.1. The Party raising the claim (Party A) furnishes details of the other Party (Party B). These include Name, Mobile, email, PAN and Address of the person(s) to the extent possible   

11.1.1.2. Bharat Disputes Resolution (“BDR”) will intimate the opposite Party and ask the parties to register on Bharat Disputes Resolution (“BDR”) to start the arbitration process.   

11.1.1.3. Once both parties are registered and have chosen to arbitrate the arbitration process begins 

11.1.2. In case the same is escalated from negotiation /mediation 

11.1.2.1. Both the parties are already registered.  

11.1.2.2. On escalation, the case is assigned to the Bharat Disputes Resolution (“BDR”) team for completing the case details as necessary and resolution process is started 

11.1.3. In case both parties or their arbitrators agree to arbitrate and approach Bharat Disputes Resolution (“BDR”) / the reference to Bharat Disputes Resolution (“BDR”) for arbitration is part of the contract between them 

11.1.3.1. In such a case, both the parties register on Bharat Disputes Resolution (“BDR”) and put in details of the case in brief with a claim statement and a reply statement.   

11.1.3.2. After the claim and reply statement are filed, then the resolution process begins 

11.1.4. In case of a Court referred for arbitration, the details and the court order of such directions are handed over to the Bharat Disputes Resolution (“BDR”) team to ensure that both the parties are registered on Bharat Disputes Resolution (“BDR”) 

​

12. Submission of documents 

​

12.1.  On initiation of arbitration, the claim with the supporting documents, the reply /counterclaim with supporting documents and any reply to the counterclaim need to be submitted to every Party, every Arbitrator of the Tribunal and Bharat Disputes Resolution (“BDR”). 

12.2.  Documents need to be made available within 7 days of the Tribunal seeking it  

 

13. Combination of Disputes 

​

In case similar claims arise out of different contracts, such claims can be combined and filed together provided all parties to the disputes agree to arbitrate the same through Bharat Disputes Resolution (“BDR”). 

​

14. Conduct of Arbitration 

​

14.1. At all times during the conduct of the Arbitration, the Tribunal shall treat both the parties equally and provide adequate opportunity to substantiate their claim and counter claim 

14.2. The Tribunal will decide on the manner of conduct of proceedings as it deems fit and as per the rules; the same is detailed in para 9.1 above 

14.3. The Tribunal will aim at timely and efficient resolution of the dispute 

14.4. On Date of reference, the Case Manager shall arrange a meeting between the Tribunal and the parties along with their representatives. 

14.5. During such meeting the Tribunal will also discuss the conduct of the proceedings and rules that shall be applicable 

14.6. The tribunal may choose to hold oral hearing or decide the case upon the submitted documents and evidence. 

14.7. The tribunal may also seek the Court’s support in recording such evidence.   

14.8. Based on the claim and counter claim submitted, the Tribunal will decide on number of arbitration sessions and the dates of arbitration. 

14.9.  The Tribunal may allow for amendment of claims if it deems fit and such Party shall do it within such stipulated time, failing which the original claim stands 

14.10. The Tribunal may take the help of the Case Manager and/or the secretarial staff for smooth and fair conduct of the proceedings. 

​

15. Waiver of right to object: 

​

Any Party who proceeds with the arbitration post the date of reference despite knowledge of any non-compliance of the rules, waives its right to object to the proceedings 

​

16. Emergency Arbitration 

​

16.1.  During the proceedings or prior to commencement of arbitration proceedings if any Party seeks emergency relief, it may request for an emergency arbitrator by notifying the Bharat Disputes Resolution (“BDR”) Case Manager, Tribunal and other Party.   

16.2. In case of Bharat Disputes Resolution (“BDR”) finding the request worthy of appointment of Emergency Arbitrator, it would do so in 7 (seven) days of receipt of such request and at such a fee as deemed necessary. The Party will then be asked to pay the fee of Emergency Arbitrator in advance before the Emergency Arbitrator is notified of his / her likely appointment. 

16.3. The arbitrator will then identify if there exists or is likely to exist a conflict of interest and the procedure as followed in Rule 6 will prevail 

16.4. Once the appointment of Emergency Arbitrator is complete, he/she will have a discussion with both parties and their representatives and decide the schedule of arbitration in keeping with the exigent circumstances. 

16.5. The Emergency Arbitrator will then proceed to examine the interim relief sought and may issue an interim award if necessary. 

16.6. Emergency Arbitrator’s jurisdiction shall prevail only over the interim relief sought and will not extend over to the main arbitral procedure. His / her appointment will also cease to have effect once the arbitral panel is appointed. 

​

17. End of proceedings 

​

17.1.  The Tribunal may proceed to close the proceedings if they are satisfied that there are no further proofs to be submitted or witnesses to be examined arguments to be addressed. For this purpose, the panel may get an affirmation in this regard from the parties 

17.2. Once closed, the Tribunal will proceed to make the award.  

17.3.  If, however the Tribunal at any point between closure of proceedings and the issue of arbitral award feels the need to re-open the hearing of the case it may do so in exceptional circumstances 

 

18. Fees, Costs and Expenses 

​

18.1. Unless otherwise agreed upon, all arbitral costs shall be borne equally by both parties. Such fees shall be determined as per the Fee Schedule specified by Bharat Disputes Resolution (“BDR”), that may be amended from time to time. 

18.2. Incidental expenses of arbitral panel and cost of any external assistance that was solicited for the conducting of the arbitration need to be reimbursed by the parties as and when incurred. 

18.3. Charges for secretarial and administrative services also are determined as per the Fee schedule. 

18.4. Charges for ad-hoc arbitration shall also be determined as per the Fee Schedule. 

18.5. All costs need to be paid in the manner prescribed by Bharat Disputes Resolution (“BDR”) Fee Schedule. 

​

19. Place of Arbitration 

​

Unless otherwise stated, the place of arbitration for the platform will be treated as India. 

​

20. Language of Arbitration 

​

Unless otherwise stated or as agreed upon by the parties, the language used would be English.

 

21. Applicable Law 

Unless otherwise agreed upon by parties, the law applicable for the arbitration would be the law applicable at the agreed place of arbitration. 

22. Time Limit 

22.1.  The Tribunal shall make its award within 12 months from the date of entrance of reference   

22.2. The date of entering the reference is the date on which the arbitrator(s) have received the intimation of their appointment in writing  

22.3. An extension of up to 6 months over the 12-month limit may be agreed upon by the parties   

22.4. However, any extension beyond that will need to be granted by the Court and with such conditions as imposed by the Court granting the extension   

​

23. Fast Track Arbitration 

​

23.1. The parties can opt for fast-track arbitration for speeding up the resolution.   

23.2. In such a case, the parties also agree that the Tribunal will consist of a sole arbitrator.   

23.3.  The process of appointment of sole arbitrator will remain as described in Rule 6.   

23.4. The Tribunal shall proceed based on the submissions by the parties and without any oral hearing. The sole arbitrator may, however, call for any further evidence or details as necessary from either of the parties.   

23.5. The arbitrator may also call for an oral hearing if required or if requested by any of the parties. Even in that case, the hearing may be so conducted to ensure least delay and without any technical formalities for conduct. 

23.6. The award will be made within 6 months of the date of the tribunal entering the reference. 

23.7. In case the award is delayed, this will attract provisions as laid out under rule 22 

 

24. Settlement

 

24.1.  If the parties settle a dispute during arbitral proceedings, the tribunal will terminate the proceedings. 

24.2. Also, if requested by the parties and not objected to by the arbitral tribunal, this settlement will be recorded in the form of an arbitral award on agreed terms. 

24.3. The arbitral award on agreed terms will have the same status and effect as any other arbitral award. 

​

25. Arbitral Award 

25.1. An arbitral award shall be duly signed by all members of the Tribunal. The award may also be issued if the majority of the arbitrators (in case of more than one arbitrator in the panel) sign provided the reason for missing signatures may be mentioned   

25.2. Unless otherwise agreed, the award will state the reasons for the award and include the place and date of the award 

25.3.  An arbitral award will be issued electronically to both parties only after they complete the payment of dues as per the structure shared by Bharat Disputes Resolution (“BDR”) and amended from time to time