Our Services

Rules

Arbitration Council of Jupiter Legal Services Pvt. Ltd.

Arbitration Clause

We recommend to all parties desirous of making reference to arbitration by our Arbitration wing, the use of the following arbitration clause in writing in their contracts:

"Any dispute or difference whatsoever arising between the parties out of or relating to the construction, meaning, scope, operation or effect of this contract or the validity or the breach thereof shall be settled by arbitration in accordance with the RULES of Arbitration of the Arbitration Council of Jupiter Legal Services Pvt. Ltd., and the award made in pursuance thereof shall be binding on the parties."

Rules of Arbitration

DEFINITIONS

RULE: 1 :

These Rules may be called the "Rules of Arbitration of the

Arbitration Council of Jupiter Legal Services Pvt. Ltd.,"

These Rules shall apply where parties have agreed in writing that

(a) a dispute has arisen or

(b) a dispute which may arise between them in respect of a defined legal relation-ship whether contractual or not shall be settled under the Rules of Arbitration,

RULE: 2 :

In these Rules, the following words have the following meanings:

"Arbitral Tribunal" means an arbitrator or group of arbitrators appointed for determining a particular dispute or difference.

"Arbitral Award" includes an interim award.

"Committee" means the Arbitration Committee of the Arbitration Council of Jupiter Legal Services Pvt. Ltd., as provided for hereinafter.

"Tribunal" means the Arbitration Council of Jupiter Legal Services Pvt. Ltd.,

"Governing Body" means the Governing Body of Arbitration Council of Jupiter Legal Services Pvt. Ltd.,

"Guidelines" means the guidelines for arbitrators and the parties to arbitration for expeditious conduct of the arbitration proceedings given in the Annexure to these Rules.

"International Commercial Arbitration" means an arbitration relating to disputes arising out of legal relationships, whether contractual or not, considered as commercial under the law in force in India and where at least one of the parties is (i) an individual who is a national of, or habitually resident in, any country other than India; or (ii) a body corporate which is incorporated in any country other than India; or (iii) a company or an association or a body of individuals whose central management and control is exercised in any country other than India; or (iv) the Government of a foreign country.

"Party" means a party to an arbitration agreement. It shall include any individual, firm, company, Government, Government organization or Government Undertaking.

"Panel" means the Panel of Arbitrators maintained by the Arbitration Council of Jupiter Legal Services Pvt. Ltd.,

"Registrar" means the Registrar for the time being appointed by the Committee and includes such other persons as the Committee may nominate for carrying out the duties of the Registrar under these Rule’s.

"Rules" means the Rules of Arbitration of

Arbitration Council of Jupiter Legal Services Pvt. Ltd.,

Fast Track Arbitration" means arbitration in accordance with Rule 43.

Words importing the singular number include, where the context admits or requires, the plural number and vice versa.

Arbitration Committee

RULE: 3 :

The Governing Body of Arbitration Council of Jupiter Legal Services Pvt. Ltd. shall constitute an Arbitration Committee for performing the functions prescribed under these Rule’s. The Committee shall consist of the President of the Arbitration Council of Jupiter Legal Services Pvt. Ltd., who shall be the ex-officio Chairman of the Committee and three members of the Governing Body of the Arbitration Council of Jupiter Legal Services Pvt. Ltd., elected by the Governing Body from amongst them. The Committee shall hold office for a year.

The Committee may co-opt not more than two persons to be additional members of the Committee during its terms of office. Persons who are not members of the Governing Body may also be co-opted to be members of the Committee.

The Committee or the Chairman of the Committee may delegate to the Registrar the power to take certain decisions provided that any such decision shall be reported to the Chairman or the Committee as the case may be.

Rules Applicable

RULE: 4 :

Any dispute relating to any commercial matter including sale, purchase, banking, insurance, finance, chit funds, hire purchase, building construction, engineering, technical assistance, know-how, patents, trade marks, management consultancy, commercial agency or labour, 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 arbitration by Arbitration Council of Jupiter Legal Services Pvt. Ltd., or under the Rules of Arbitration of Arbitration Council of Jupiter Legal Services Pvt. Ltd., shall be determined and settled in accordance with these Rules.

Arbitration Council of Jupiter Legal Services Pvt. Ltd., shall also be competent to administer the conduct of arbitration in any dispute or difference relating to a commercial transaction between parties as mentioned in sub-clause (a) of RULE: 1 supra, where they have agreed to have their dispute arbitrated under any other Rules of Arbitration or otherwise and have agreed to have such arbitration administered by Arbitration Council of Jupiter Legal Services Pvt. Ltd., wholly or in respect of some matters arising out of such arbitration.

Arbitration Council of Jupiter Legal Services Pvt. Ltd., shall be competent to function as Appointing Authority as contemplated under the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL).

RULE: 5:

Wherever the Parties have provided or agreed for arbitration by Arbitration Council of Jupiter Legal Services Pvt. Ltd., for arbitrator under the Rules of Arbitration of the Arbitration Council of Jupiter Legal Services Pvt. Ltd., these Rules or any amendment thereof in the form obtaining at the time the dispute is referred to arbitration of Arbitration Council of Jupiter Legal Services Pvt. Ltd., shall apply.

RULE: 6 :

If one or both of the parties to a dispute which is referred to arbitration by Arbitration Council of Jupiter Legal Services Pvt. Ltd., belong to a country or countries other than India, in the absence of an agreement by the Parties on the substantive law to be applied, it will be determined by the arbitral tribunal. The procedural law shall be the laws of India and parties shall be deemed to have submitted to the jurisdiction of the Courts in India.

Interpretation of the Rules

RULE: 7:

The decision of the Committee on any question relating to interpretation of these Rules or any procedural matter there under shall be final and binding on the parties.

Panel of Arbitrators

RULE: 8:

A Panel of Arbitrators shall be appointed by the Committee from amongst persons who are qualified and willing to serve as arbitrators generally or in specific fields and who are from time to time recommended by Arbitration Council of Jupiter Legal Services Pvt. Ltd., or any other person or organization.

RULE: 9:

The Registrar shall prepare and maintain an up-to-date Panel of Arbitrators together with adequate information, as to their qualifications and experience. Lists of arbitrators for disputes in general and for each of the fields shall be kept and maintained.

The Registrar when he appoints the arbitrator/arbitrators may choose any person from the Panel with reference to any dispute. If any arbitrator residing out of Hyderabad is appointed as arbitrator from the Panel, the parties will have to meet the travel & stay expenses of the person appointed as arbitrator from his place to the place of arbitration. The arbitral tribunal may, however, make any order in regard thereto in the award. The Panel of Arbitrators shall be open to inspection by all persons with the permission of the Registrar.

RULE: 10:

The Committee may at any time add the name of any person to the list of arbitrators included in the Panel or delete the name of any person from the Panel.

RULE: 11:

The Chairman of the Committee may include the name of any person in the Panel, in case it is required in any particular case. His continuance in the Panel will be decided by the Committee.

Duties of the Registrar

RULE: 12:

The Registrar shall receive applications for arbitration by Arbitration Council of Jupiter Legal Services Pvt. Ltd., receive payment of fees and deposits, appoint arbitrator or arbitrators in consultation with the Chairman of the Committee and in his absence in consultation with the member of the Governing Body designated by him as hereinafter provided. The Registrar shall also receive all communications made to the arbitral tribunal by the parties and communicate to them the orders and directions of the arbitral tribunal, keep a register of applications to Council of Jupiter Legal Services Pvt. Ltd., and of awards made by the arbitral tribunal, keep such other books or memoranda and make such other records or returns as the Committee shall from time to time require and generally carry out the directions of an arbitral tribunal so constituted under these RULE:s and take such other steps as may be necessary to assist such arbitral tribunal in the carrying out of its functions.

The Registrar may depute and delegate authority to any officer of Arbitration Council of Jupiter Legal Services Pvt. Ltd., at the premises where the arbitration proceedings are taking place, to discharge such of the functions and administrative duties of the Registrar as are deemed proper and necessary from time to time, with reference to a particular case or cases.

Initiation of Arbitration

RULE: 13:

Any Party wishing to commence arbitration proceedings under these Rules (Claimant) shall submit to the Registrar a written request (application) for arbitration which shall include or be accompanied by:-

(i) The names and full addresses of the parties to the dispute

(ii) Statement of the claim and facts supporting the claim, points at issue and relief or remedies sought with other details of the claimant's case.

(iii) Original or duly certified copies of the arbitration agreement together with any contract or agreement out of or in connection with which the dispute has arisen and such other documents and information relevant or relied upon.

(iv) Registration fee of Rs. 1000/-.

RULE: 14:

If any Court makes an order directing that arbitration be held under these Rules, in addition to the documents listed in Rules 13, the order of that Court or a copy thereof shall accompany the application for arbitration.

RULE: 15:

On receipt of an application for arbitration, the Registrar shall have absolute discretion to accept or reject the said application. The Registrar is not bound to give reasons for the exercise of his discretion.

Before deciding on the acceptability of an application for arbitration, the Registrar may ask the parties for further information and particulars of their claims.

Similarly, if any information or particulars regarding the arbitration agreement, furnished by claimant with the application for arbitration, are found to be incorrect or false, at any time subsequently, the Registrar shall have a like power to reject the application for arbitration.

Any Party aggrieved by the decision of the Registrar, in accepting or rejecting an application for arbitration as above, may apply to the Court for suitable directions.

Defence Statement

RULE: 16:

On receipt of the application together with the claim statement, the Registrar shall send to the other Party (Respondent) a copy of claim statement and attached documents and ask such other party to furnish within 15 days or within any extended date, a defence statement setting out his case accompanied by all documents and information in support of or bearing on the matter. A copy of the defence statement and all appended documents, if any, shall be sent to the Claimant for information.

Constructive Notice

RULE: 17:

Any communication sent by the Registrar under Registered Post to the Respondent on the address appearing in the Arbitration Agreement/the contract between the parties, as per the information supplied to Arbitration Council of Jupiter Legal Services Pvt. Ltd., will be deemed to be duly served on the Respondent, if it is delivered to the addressee personally or at his place of business, habitual residence or mailing address last known, even if the Respondent refuses to accept the said communication or if it is returned to the Registrar by the postal authorities as unclaimed by the said party. The Registrar may proceed further with the arbitration proceedings as per the Rules as if such communication had been duly served on the concerned party/Respondent. The communication is deemed to have been received on the day it is so delivered or attempted to be delivered.

However the Registrar, in such cases, may at his discretion make an additional communication to the Parties by registered letter or by any other means which may provide a record of attempts to deliver it.

Counter-Claim and Reply to Counter-Claim

RULE: 18 :

The Respondent may make a counter-claim against the Claimant provided the counter-claim arises under the same transaction as the original claim. He must submit the counter-claim with full details supported by all documents and information as in the case of the claim under RULE: 13 within the period laid down for the defence statement to the claim and the Claimant in turn may within 15 days of the notification of the counter claim or within such extended time submit a statement in reply to the counter-claim. The arbitral tribunal appointed to adjudicate upon the original claim shall also adjudicate upon the counter-claim.

Copy of the reply of the Claimant to the counter-claim and all appended documents, if any, shall be sent to the Respondent for information.

Copies of statements, etc.

RULE: 19 :

All statements, replies and other documents and papers submitted by the parties and all appended documents must be supplied in triplicate in case where there is one respondent and one arbitrator. Where there is more than one arbitrator or more than one opposing party, the parties shall within the time specified furnish to the Registrar such number of further copies as may be required by the Registrar.

Constitution of the Arbitral Tribunal

RULE: 20 :

On receipt of the application for arbitration, the Registrar shall take necessary steps to have the arbitral tribunal constituted for the adjudication of the dispute or difference as provided hereunder;

RULE: 21 :

The number of arbitrators to hear a dispute shall be determined as under:

Where the claim does not exceed Rs. 2 lakhs, and where the arbitration agreement does not specify three or more arbitrators, the reference shall be deemed to be to a sole arbitrator, unless the parties to the dispute agree to refer the dispute to three arbitrators within 15 days from the date of notification of request for arbitration.

Where the claim exceeds Rs. 2 lakhs, the dispute will be heard and determined by three arbitrators, unless the parties to the dispute agree to refer the dispute to a sole arbitrator within 15 days from the date of the notification of the request for arbitration.

Where three arbitrators have to be appointed as per the above sub-RULE: and any of the parties to the dispute fails to make the necessary deposit towards the cost and expenses of arbitration, instead of three arbitrators, the Registrar may appoint a sole arbitrator, irrespective of the value of the claim.

RULE: 22 :

The appointment of sole arbitrator or three arbitrators shall be made in the following manner:

a) In case a sole arbitrator has to be appointed, the Registrar shall appoint arbitrator from among the Panel of Arbitrators by a notice in writing, sent to them. The sole arbitrator so nominated shall constitute the Bench to hear the dispute and shall be appointed as such in writing by the Registrar. The Registrar shall give notice to the Parties of the constitution of the Bench.

b) Where the reference is to three arbitrators, the Registrar shall in consultation with the Chairman of the Arbitration Committee and in his absence in consultation with the member of the Governing Body designated by the Chairman shall appoint three arbitrators from the Panel of arbitrators.

RULE: 23 :

The Registrar will obtain the consent from person (s) nominated by him. After a person gives his consent for appointment as arbitrator, he will be duly intimated about his appointment together with time schedule to decide the dispute by a Memo in writing under the hand of the Registrar about the constitution of the arbitral tribunal. The appointment of the arbitrator will take effect from the date of such intimation about the constitution of the arbitral tribunal.

RULE: 24 :

Before accepting his nomination the prospective arbitrator shall disclose any circumstances such as financial or personal interest in the outcome of the award, likely to disqualify him as an impartial or independent arbitrator. Upon receipt of such information, the Registrar shall disclose it to the parties, who if willing to proceed under the circumstances disclosed, shall advise the Registrar accordingly. If either party declines to waive the presumptive disqualification, the prospective arbitrator shall be disqualified from acting as arbitrator and the vacancy so created shall be filled, in accordance with the applicable provision of these Rules.

RULE: 25 :

No Party shall have the right to challenge the appointment of an arbitrator. Decision of the Registrar shall be final and binding on the Parties.

Termination of authority

RULE: 26:

If any appointed arbitrator resigns or dies or becomes incapable of acting or neglects or fails to act expeditiously, prior to or during the arbitration hearings, or if he fails to make the award within the prescribed time and the Parties do not agree to extend the time for making the award, the Registrar in consultation with the Arbitration Committee may terminate the authority of such an appointed arbitrator and inform him accordingly.

In case of the resignation or death or termination of authority of an appointed arbitrator(s) under Sub-RULE: above, a new arbitrator(s) will be appointed in his/their place by the Registrar from among the Panel of Arbitrators.

The arbitrator(s) appointed as above will be informed about the reconstitution of the arbitral tribunal and the reconstituted arbitral tribunal shall make the award expeditiously within the time prescribed under RULE: 63 from the date when the reconstituted arbitral tribunal enters on the reference. The reconstituted arbitral tribunal shall proceed with the arbitration with liberty to act on the record of evidence and proceedings as then existing or to commence the proceedings de novo.

Deposits

RULE: 27:

Before passing the case on to the arbitrators under RULE: 37, the Registrar may require the Parties, to deposit in advance, in one or more installments of such sums of money as he deems necessary to defray expenses of the arbitration including the administrative charges and arbitrator's fee. As a general RULE:, the deposits shall be called for in equal shares from the Claimant(s) and the Respondents). The arbitral tribunal may during the course of the arbitration proceedings or in the arbitration award, require further sums to be deposited by the Parties or anyone of them to meet the expenses of the arbitration. When one of the parties neglects or refuses to make the deposit, the Registrar or the arbitral tribunal as the case may be, may require such deposit whether in relation to a claim or a counter-claim to be made by the other Party to the dispute (Claimant or Respondent as the case may be). Should the whole or part of the deposit be not made by the Parties or any one of them, the Registrar shall inform the Parties or the Party concerned that the claim or counter-claim, as the case may be, will not be the subject matter of the reference. The arbitral tribunal shall proceed only in respect of those claims or counter-claims for which the deposits have been duly paid to Arbitration Council of Jupiter Legal Services Pvt. Ltd. and otherwise may order the suspension or termination of the arbitral proceedings at any stage.

The deposit made shall be taken into account by the arbitral tribunal in apportioning the cost while making the award. Any deposit made in excess shall be refunded to such of the parties as the arbitral tribunal may direct. The arbitral tribunal shall have a lien on the arbitral award on any unpaid cost of the arbitration.

Fees and Expenses

RULE: 28:

The arbitral tribunal shall be entitled to allow fees and expenses of witnesses, expenses connected with the selection and carriage of sample and examination of goods, Licensed Measure's Department charges, conveyance, hire, cost of legal or technical advice or proceedings in respect of any matter arising out of the arbitration incurred by the arbitration tribunal, and any other incidental expenses and charges in connection with spot inspection of any disputed site or premises etc. or any other matter arising out of the reference or award as the arbitration tribunal shall, in its absolute discretion, think fit.

RULE: 29:

The costs of the reference and the award including charges, fees and other expenses shall be in the discretion of the arbitral tribunal, which may direct to and by whom, and in what proportion, such charges, fees and other expenses and any part thereof shall be borne and paid, and may fix and settle the amount of costs to be so paid or any part thereof and may award costs to be paid as between advocate and client. In the event, any administrative fees and expenses are due to Arbitration Council of Jupiter Legal Services Pvt. Ltd., the arbitral tribunal may award them in favor of Arbitration Council of Jupiter Legal Services Pvt. Ltd.

RULE: 30:

The fees, costs and expenses incidental to the reference and the award shall include the following:

Registration Fee

A non refundable registration fee of Rs. 1,000/- (Rupees One Thousand only) shall be paid along with the application for reference.

2.Administrative Fee and Arbitrator's Fee

The Administrative fee of Arbitration Council of Jupiter Legal Services Pvt. Ltd., and Arbitrator's fee (for each arbitrator) will be fixed separately with regard to the amount in dispute in each case, as under:

I. Up to Rs. 1 Lakh (Rs.1, 00,000=00) Rs. 3,600=00

II. From Rs. 1 lakh up to Rs. 2 Lakhs Rs. 2,700=00

(Total amount of fee Rs. 6300=00)

III. From Rs. 2 lakhs up to Rs. 3 Lakhs Rs. 2,700=00

(Total amount of fee Rs. 9,000=00)

IV. When the amount in dispute exceeds Rs. 3 Lakhs for each Lakh or fraction thereof an amount of Rs.

2,000=00 will be charged.

3.In addition to the above:

Each arbitrator will be entitled to receive a Special Fee for study of the pleadings, case material, writing of the award etc. with regard to the amount in dispute in each case as under :

a) Up to Rs. 1 Lakh Rs. 500=00 lump sum

b) From Rs. 1 Lakh to Rs. 3 Lakhs Rs. 1,000=00 lump sum

c) Rs. 3 Lakhs and above Rs. 2,000/- lump sum

4.Arbitration Council of Jupiter Legal Services Pvt. Ltd. will be entitled to receive a Special Fee of Rs. 500=00 per hearing for providing facilities of hearing rooms, for arbitration hearings and secretarial assistance etc. at the arbitration hearing.

A. Notwithstanding the provisions in Sub-RULE: (2) of this RULE:, the Committee/Chairman of the Committee may prescribe the Arbitrator's fees and the Administrative fees of the Council at a figure higher than those prescribed in the said Sub-Rules, if in the exceptional circumstances of the case this appears to be necessary.

B.Notwithstanding the provision in Sub-RULE: (2) hereinabove, in arbitration cases to which RULE: 38 applies, the Arbitrator's fee and the Administrative fee of the Arbitration Council of Jupiter Legal Services Pvt. Ltd. will be fixed by computing the fee applicable to larger claim in addition to 60% of the applicable fees of all claims being tried jointly. Provided that the Committee will have power to prescribe the Arbitrator's Fee and Administrative Fee under this Sub-RULE: in any other manner, having regard to the nature and facts of the matters under reference.

Other expenses

RULE: 31 :

The arbitrator may be paid an amount of Rs. 150/- towards local conveyance for attending each arbitration hearing in the city of his residence. In respect of joint trial, the hearing will be treated as one irrespective of the number of cases. Any traveling and other expenses incurred by the arbitrator or the Registrar for attending the arbitration hearings in a city other than the place of residence, shall also be reimbursed to him as provided hereinafter. All the above expenses shall form part of the arbitration costs.

RULE: 32 :

An arbitrator who has to travel shall be paid traveling expenses by rail at actuals. In addition, he may be paid out of pocket expenses at actuals for boarding, lodging and local transport subject to maximum of Rs. 1,000=00 per day in metropolitan towns, Rs. 750=00 in other cities. An arbitrator who makes his own arrangements for boarding, lodging, local transport etc. may be paid out of pocket expenses at the rate of Rs. 750/- per day, without production of vouchers. The limits for stay of the Registry officials will be of those applicable to arbitrators.

The cost to be incurred on payment of expenses referred to in Sub-Rule (1) to an arbitrator nominated by a party will be borne and paid by the party nominating the arbitrator. However, if an appointed arbitrator changes his residence after his nomination by a party, he will not be entitled to reimbursement of any enhanced expenses for attending the arbitration hearing, unless the party nominating him agrees to reimburse the same to him. The expenses payable to the three arbitrators or sole arbitrator appointed by Arbitration Council of Jupiter Legal Services Pvt. Ltd., under Rule 22 (a) & (b) will be borne and paid by both the parties in equal proportion or in such other manner as may be determined by the Arbitral Tribunal.

RULE: 33:

Where the arbitration proceedings under an ad-hoc arbitration or under the Rules of arbitration of any other arbitral organization or otherwise are administered by Arbitration Council of Jupiter Legal Services Pvt. Ltd. wholly or in respect of some matters arising out of such arbitration, the Council may charge an appropriate fee for such administration and other services.

RULE: 34:

The amount of the claim shall be stated in the application by the party applying for arbitration. If the amount is stated in a currency other than the rupee, it shall be converted into Rupees, at the current official rate of exchange.

RULE: 35:

Where the sum under dispute is not stated or in arbitration proceedings and where the relief claimed is other than a money claim, viz., a declaratory claim, the Registrar and the Arbitral Tribunal under Rule 27, may require such deposits as may be deemed necessary to be paid by such of the parties as may be required subject to later adjustment.

RULE: 36:

The parties shall forthwith deposit all those amounts which are directed to be deposited by way of demand draft favouring "Registrar, Arbitration Council of Jupiter Legal Services" or in cash under a proper receipt to be issued by the Registrar.

Submission of the case to the Arbitral Tribunal

RULE: 37 :

1. The Registrar shall send copies of all papers relating to arbitration such as claim statement, defence statement, counter-claims, reply, statements, or other documents received from the parties to the dispute to the Arbitrator/Arbitrators constituting the Arbitral Tribunal under Rule 21 with a request to proceed with the arbitration and the arbitral tribunal shall be deemed to have entered on the reference on the day on which applications, defence statement, counter-claims, replies, documents, etc. have been dispatched to the Arbitrator/Arbitrators. Intimation shall be given to the Parties of the day on which the Bench is deemed to have entered on the reference.

2. If the Claimant does not file all the requisite documents, papers, etc. or does not deposit the appropriate Fees as per the Rules after having been given due opportunity for the purpose by the Registrar or the arbitral tribunal, the Registrar or the arbitral tribunal may dismiss/ close the case on file for lack of perusal by the Claimant.

3. Similarly, if the Respondent fails to produce any requisite documents, papers including the statement of defence or information or fails to deposit administrative fees, or arbitrators’ fees etc. after having been given due opportunity for the purpose by the Registrar or the arbitral tribunal, the Registrar or the arbitral tribunal may proceed further with the arbitration proceedings as per the Rules, notwithstanding such failure or refusal by the Respondent.

RULE: 38 :

Where there are two or more applications for arbitration before Arbitration Council of Jupiter Legal Services Pvt. Ltd. and the issue involved in the dispute arises out of same transactions, the Registrar may, if he thinks proper to do so fix the hearings of the disputes to be heard jointly or refer the applications to the same tribunal. The awards, however, shall be given separately in each case.

Notifications and/or Communications from the Registrar

RULE: 39 :

All applications which the parties desire to make to the arbitral tribunal and all notices to be given to the Parties before or during the course of arbitration or otherwise in relation thereto shall be made through and sent by the Registrar who shall communicate the orders and directions of the Arbitral Tribunal thereon to the Parties.

Amendment of Claims etc.

RULE: 40 :

Amendments of the claim, defence statement, counter-claim or reply submitted to the Arbitral Tribunal must be formulated in writing by the Party so desiring. The Arbitral Tribunal at its sole discretion will decide whether such amendments should be allowed or not.

Place of Arbitration

RULE: 41 :

The place or venue of arbitration shall be situated within Hyderabad. The Arbitration proceedings shall be held at such place or places in Hyderabad as the arbitral tribunal may determine having regard to the convenience of the arbitrators and the parties. In a case in which one or both the parties are from any state other than Andhra Pradesh, the arbitration proceedings may also be held at any place outside Andhra Pradesh at the discretion of the arbitral tribunal.

Proceedings before the bench Conciliation

RULE: 42 :

The parties may opt for conciliation and request the arbitral tribunal before the commencement of the arbitration proceedings unless they have already agreed otherwise, to settle their dispute through conciliation as per Rules of Conciliation of Arbitration Council of Jupiter Legal Services Pvt. Ltd.

Fast Track Arbitration

RULE: 43:

The Parties may opt for Fast Track Arbitration and request the arbitral tribunal, before the commencement of the arbitration proceedings, to decide the reference in a fixed time frame of 1 to 2 months or any other time agreed between the parties, according to the Fast Track Arbitration procedure, as under:

1) The arbitral tribunal will be authorized to decide the dispute on the written pleadings, documents and written submissions filed by the parties without any oral hearings.

2) The arbitral tribunal shall have power to call for any further information/clarification from the parties in addition to the pleading and documents filed by them.

3) An oral hearing may be held if both the parties make a joint request or if the arbitration tribunal considers an oral hearing necessary in any particular case.

4) If an oral hearing is held, the arbitral tribunal may dispense with any technical formalities and adopt such procedure as it deems appropriate and necessary for economic and expeditious disposal of the case.

RULE: 44:

At a hearing, with the prior permission of Registrar a party shall be entitled to appear by counsel, attorney, advocate or a duly authorized adviser or representative or personally. However, where the dispute is purely of a commercial nature, the parties shall have no right to be represented by lawyers except where, having regard to the nature or complexity of the dispute, the arbitral tribunal considers it necessary in the interest of justice that the parties should be allowed to be represented by counsel, attorney or advocate.

RULE: 45:

The arbitral tribunal may proceed with the reference not withstanding any failure by a party to comply with any of the directions of the arbitral tribunal and may also proceed with the arbitral proceedings in the absence of any or both the parties who fail or neglect to attend at the time and place appointed by the arbitral tribunal, in spite of due notice.

RULE: 46:

The parties shall do all acts necessary to enable the arbitral tribunal to 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, and 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.

RULE: 47 :

The arbitration session will go on as far as possible on a day- to-day basis from 10.30 a.m. to 4.30 p. m. once the hearing begins, after completion of all the formalities. The arbitral tribunal shall not ordinarily adjourn a hearing at the request of any party, except where the circumstances are beyond the control of the party and the arbitral tribunal is satisfied that reasons and circumstances for the adjournment are justified. While granting an adjournment, the arbitral tribunal may make such orders regarding payment of costs by one or both of the parties, as it deems fit and reasonable.

RULE: 48 :

If the parties have agreed to submit their case to arbitration under these Rules and any party refuses or fails to take part in the arbitration proceedings, the arbitral tribunal may proceed with the arbitration notwithstanding such refusal or absence.

RULE: 49 :

Where a party wishes to have any question arising in any proceedings before the arbitral tribunal referred to the opinion of the Court in the form of a special case, he shall apply in writing to the registrar. If the arbitral tribunal decides to accede to such request, the party applying shall be responsible for all legal and other costs, charges and expenses that may be incurred by the arbitral tribunal in respect of and incidental to the same and shall make such deposit on account thereof within such time as the arbitral tribunal may direct. In case of default in making the deposit as above, the reference shall not be made to the Court, or if made, shall be withdrawn by the arbitral tribunal and the arbitration will be proceeded with as if there has been no reference to the Court.

RULE: 50 :

The arbitral tribunal may at its discretion at any time or times before making the final award and at the expense of the parties concerned, consult any person having special knowledge relating to the particular industry, commodity, produce or branch of trade concerned in the reference or any expert or qualified accountant and may also at the like expenses of the parties, consult solicitors, counsel or advocates upon any technical question of law, evidence, practice or procedure arising in the course of the reference. If the parties agree, the arbitral tribunal may, at the expense of the parties, appoint any expert, accountant, or lawyers to sit with as an assessor and take into account the advice of such assessor.

RULE: 51 :

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

a) Submit to be examined by the arbitral tribunal on oath or affirmation in relation to the matters in dispute.

b) 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.

c) Comply with the requirements of the arbitral tribunal as to the production or selection of samples, and

d) Generally do all other things which, during the pendency of the reference, the arbitral tribunal may require.

RULE: 52 :

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.

The Arbitral Tribunal may:

(i) Administer oath or affirmation to the parties or witnesses appearing and giving evidence:

(ii) Refer the matter as a special case for the opinion of the Court or give it’s award in the form of special case for the-opinion of the Court.

(iii) Make any award conditional or in the alternative,

(iv) Correct in any award any clerical mistake or error arising from or incidental to any slip or omission,

(v) Administer to the parties to the arbitration such interrogatories as it may consider necessary;

(vi) Decide all objections to its jurisdiction including any objection regarding the existence or validity of the arbitration clause or the arbitration agreement, without prejudice to the right of the parties to have the matter decided by the Court of law;

Decide the law governing :

(i) the contract or the matter in dispute.

(ii) the arbitration agreement, and

(iii) the arbitration procedure

(iv) award interest including pendente-lite interest.

RULE: 53 :

When substantially the same dispute or questions of law and facts are likely to arise in more than one contract or agreement (Chain Contracts), the arbitral tribunal may invite all parties involved to agree to submit to an award in a single and comprehensive arbitration proceeding between such two or more of the parties as are named for the purpose.

RULE: 54 :

1. The arbitral tribunal may by the award dismiss the application or claim:

(i) if the Claimant does not prosecute the arbitration proceedings or file the papers within the time granted or neglects or refuses to pay the dues or deposits ordered to be paid by the arbitral tribunal or the Registrar.

2. The arbitral tribunal may make an ex-parte award:

(i) If the Defendant neglects or refuses to appear or make his defence or fails to file the papers within the time granted.

(ii) Or neglects or refuses to pay the dues or deposits ordered to be paid by the arbitral tribunal or the Registrar.

RULE: 55 :

The Registrar shall make necessary arrangements for a stenographic record of evidence whenever such record is required by a party. The cost of the stenographic record and all transcripts thereof, if any, shall form part of the costs of the reference.

RULE: 56 :

The language of the arbitration proceedings shall be English unless otherwise agreed by the parties. If any documents filed by a party are in a language other than English, the party filling such documents shall simultaneously furnish an English translation of the documents. The Registrar may make arrangements for the service of an interpreter at the request of one or more of the parties and costs thereof shall form part of the costs of the reference.

RULE: 57 :

The arbitral tribunal may issue such interim orders or directions as it may deem necessary for safeguarding, interim custody, preservation, protection, storage, sale or disposal of the whole or part of the subject matter of the dispute or for its inspection or sampling without prejudice to the rights of the parties or the final determination of the dispute.

Waiver of Rules

RULE: 58 :

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 at the earliest opportunity, shall be deemed to have waived his right to object.

Return of Documents

RULE: 59 :

Unless required to be filed in a Court of 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 as the arbitral tribunal may impose.

Award

RULE: 60 :

No award shall be made by the arbitral tribunal unless the case of the party applying for arbitration has been brought to the notice of the other party and until after the lapse of such specified time within which he has been asked to submit his defence statement under Rule 17 supra.

RULE: 61 :

Whenever there is more than one arbitrator, the award of the majority shall prevail and be taken as the decision of arbitral tribunal. Failing a majority, the Chairman of the arbitral tribunal alone shall make the award in such an event award passed by chairman shall prevail and be taken as the decision of arbitral tribunal.

RULE: 62 :

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 the documents, evidence, etc. filed before it by the Parties.

RULE: 63 :

The arbitral tribunal shall make the award as expeditiously as possible, preferably within 3 months according to the Guidelines from the date of the reference subject to a maximum limit of 5 months from the date of commencement of the arbitral proceedings. If necessary, the maximum limit of 5 months for making the award may be extended by agreement between the parties to the dispute or by the Committee.

RULE: 64 :

The arbitral award shall state the reasons upon which it is based, unless:

(i)The parties have agreed that no reasons are to be given or

(ii)The award is an arbitral award on agreed terms.

RULE: 65 :

The arbitral award shall state, date and the place of arbitration, and the award shall be deemed to have been made at that place.

RULE: 66 :

The arbitral tribunal may make an interim award, and may, by an award, determine and order what shall be done by either or any of the parties, respecting the matters referred.

RULE: 67 :

All the intirim orders that are passed will bind both parties. The said orders shall automatically merge in the final award to be passed by the Tribunal.

RULE: 68 :

When an award has been made, the Registrar shall furnish a true copy of the award to the parties by registered post provided the arbitration costs have been fully paid to Arbitration Council of Jupiter Legal Services Pvt. Ltd. by the parties or by one of them.

The Registrar may require either party to notify him of the compliance with the award.

The arbitral tribunal and the Registrar of the Council shall assist the parties in complying with any formalities that may be necessary for the enforcement of the award or for other purposes.

Arbitration Council of Jupiter Legal Services Pvt. Ltd. may print, publish or incorporate in website or otherwise circulate any award made under its Rules 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 in writing by such party.

RULE: 69 :

Additional copies of the award certified true by the Registrar shall be made available to the parties but to no one else, at all times at request and on payment as fixed by the Registrar,

RULE: 70 :

A party shall in all things abide by and obey the award which shall be binding on the parties and their respective representative, notwithstanding the death of any party before or after the making of the award and such death shall not operate as revocation of the submission or reference. To avoid delays and further litigation, the arbitrators/Registrar shall ask the parties to agree that the award made by the arbitrators/s shall be final and binding on the parties and neither party shall be entitled to challenge it in a court of law.

Filing of Award

RULE: 71 :

The Arbitral Tribunal shall at the request of any of the parties to the proceedings or of any person claiming under a party or if so directed by the court and upon payment of fees and charges due in respect of the arbitration award and of the costs and charges of filing the award, cause the award or a signed copy thereof together with the deposition or documents which may have been taken and proved before it to be filed before the court.

RULE: 72 :

A fee of Rs. l,000/- plus incidental expenses at actual, in addition to the court fees, on the scale for the time being in force is payable to Arbitration Council of Jupiter Legal Services Pvt. Ltd. by the party requiring the award to be filed.

Stamp Duties

RULE: 73 :

Stamp duties are to be paid in all cases in accordance with the scale of stamp duties for the time being imposed by law.

Copies of Proceedings

RULE: 74 :

No party is entitled as of right to copies of proceedings before the arbitral tribunal. In case the Registrar is required to furnish copies of depositions and/or documents which have been taken or proved before the arbitrator, a charge as demanded by the Registrar shall be paid by the party requiring such copies.

RULE: 75 :

The Registrar shall, upon the written request of a party, furnish to such party at his expense certified copy of any documents filed in the arbitration proceedings.

Cases Withdrawn

RULE: 76 :

When the party instituting a case desires to withdraw it before an arbitral tribunal has been constituted, the Registrar shall return to him any deposits made by him, under Rule 27, after deducting such charges as he might have incurred in connection with the cases. The registration fee, however will not be refunded.

RULE: 77 :

If the arbitration is terminated by the act or default of any parties after constitution of the arbitral tribunal and before the award is made, any fees, charges and expenses incurred by Arbitration Council of Jupiter Legal Services Pvt. Ltd. shall be paid by the parties in such proportion as the arbitral tribunal shall determine.

Indemnity of Secretariat and Arbitrators

RULE: 78 :

Arbitration Council of Jupiter Legal Services Pvt. Ltd., the Arbitration Committee and officers of the Council shall not be liable for any act or omission in whatever capacity they may have acted in connection with or in relation to an arbitration under these Rules.

RULE: 79 :

No party shall bring or prosecute any suit or proceedings whatever against the Arbitration Council of Jupiter Legal Services Pvt. Ltd., arbitral tribunal, or any member thereof, for or in respect of any matter or thing purporting to be done under these Rules nor any suit or proceedings in respect thereof (save for enforcement of the award) against the other party.

Amendment of Rules

RULE: 80 :

The Governing Body in consultation with Arbitration Council of Jupiter Legal Services Pvt. Ltd. may revise, amend or alter any of these Rules or the schedule of fees and other monies to be charged and paid as and when they think necessary.