IAMC Arbitration Rules
IAMC Arbitration Rules
1.1. Where the parties have agreed to refer their disputes to the International Arbitration and
Mediation Centre, Hyderabad (“IAMC”) for arbitration or to arbitration in accordance
with the IAMC Rules, the parties shall be deemed to have agreed that the arbitration shall
be conducted pursuant to and administered by IAMC in accordance with these Rules.
These Rules shall also apply to any dispute which has been referred by any Court to
arbitration under the IAMC Rules.
1.2. These IAMC Rules comprise the Articles and the Schedules as are, from time to time,
amended by IAMC.
1.3. These Rules shall come into force on [1 January 2022] and, unless otherwise agreed by
the parties, shall apply to any arbitration [other than ‘international commercial
arbitration’ within the meaning of section 2(1)(f) of the (Indian) Arbitration and
Conciliation Act 1996] which is commenced on or after [1 January 2022].
1.4. Nothing in these Rules shall prevent parties to a dispute or arbitration agreement, or a
Court, from naming IAMC as the appointing authority or from requesting the use of the
facilities and/or administrative services of IAMC without subjecting the arbitration to
these Rules.
1.5. IAMC may from time to time issue practice notes and guidelines to supplement, clarify
and implement these Rules.
1.6. IAMC has no obligation to give reasons for any decision it makes in respect of any
arbitration commenced under these Rules. Unless otherwise determined by IAMC, all
decisions made by IAMC under these Rules are final and, to the extent permitted by any
applicable law, not subject to appeal.
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1.7. References to “IAMC”, for the purpose of these Rules, are to the Governing Council of
IAMC or any other body or person designated by it (including the Registrar) to perform
the functions referred to herein. The functions of the Registrar shall be performed under
the supervision of the Governing Council by the Registrar or any Deputy Registrar.
1.10. References to “additional party” include one or more additional parties and references to
“party” or “parties” include Claimant, Respondent and/or an additional party.
1.11. References to “claim” or “counterclaim” include any claim or claims by any party against
any other party. References to “defence” include any defence or defences by any party to
any claim or counterclaim submitted by any other party, including any defence for the
purpose of a set-off or cross-claim.
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1.15. All written communications to IAMC from any party, authorized representative of a party
or Arbitral Tribunal shall be addressed to the Registrar, and shall also be copied to all
other parties.
1.16. Any pronouns used in these Rules shall be understood to be gender-neutral. Any singular
noun shall be understood to refer to to the plural unless the context requires otherwise.
Article 2: Definitions
a. “Act” means the (Indian) Arbitration and Conciliation Act, 1996 as amended from
time to time;
b. “Arbitral Tribunal” includes a sole arbitrator, or all the arbitrators where more than
one arbitrator is appointed, and shall include an Emergency Arbitrator appointed
under Schedule I of these Rules;
d. “Court” shall have the same meaning as defined under the Arbitration and
Conciliation Act, 1996;
e. “Governing Council” shall mean the Governing Council of IAMC and includes a sub-
committee of the Governing Council;
f. “Registrar” means the Registrar of IAMC and includes any Deputy Registrar;
h. “Tribunal Secretary” means any person approved by the parties, at the request of the
Arbitral Tribunal, to render assistance to the Arbitral Tribunal;
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Words not defined in these rules shall be understood as per their ordinary English
meaning.
3.1. Any communication by any party with IAMC, Registrar or the Arbitral Tribunal (or any
of its members) shall be in writing. Any written communication by the Arbitral Tribunal
(or any of its members) to any party shall also be copied to the Registrar.
3.2. Any written communication shall be deemed to have been received if it is delivered: (i) to
the addressee personally or to its authorized representative; (ii) to the addressee’s habitual
residence, place of business or designated address; (iii) to any address agreed by the
parties; (iv) according to the practice of the parties in prior dealings; (v) to the email
address provided by the parties to IAMC for purposes of correspondence or
communications; or (vi) if, after reasonable efforts, none of these can be found, then at
the addressee’s last-known residence or place of business.
4.1. Time limits under these Rules shall begin to run on the day following the day when any
written communication is received or deemed to be received.
4.2. The time of receipt shall be construed in accordance with the timezone at the seat of the
arbitration. If no seat has been designated by the parties or determined by IAMC or by the
Arbitral Tribunal, the time of receipt shall be construed based on Indian Standard Time
(IST).
4.3. A communication shall be deemed to have been received in accordance with Article 3.2
on the day it is delivered.
4.4. If the circumstances of the case so justify, the Registrar may amend the time limits
provided for in these Rules, as well as any time limits that the Registrar has set, whether
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any such time limits have expired. The Registrar shall not amend any time limits agreed
by the parties or set by the Arbitral Tribunal or Emergency Arbitrator unless the parties
agree or the Arbitral Tribunal or Emergency Arbitrator directs otherwise.
5.1. For the purpose of these Rules, the date of commencement of arbitral proceedings shall
be the date on which the Registrar receives the Arbitration Request under Article 7.1, or
receives an order from a Court referring a dispute to IAMC.
6.1. A party to a dispute commencing an arbitration under these Rules shall file a request for
arbitration (“Arbitration Request”) with the Registrar. The Arbitration Request shall:
a. be submitted in writing;
b. request that the dispute be referred to arbitration;
c. state the name, address, telephone number and electronic mail address of the parties
to the arbitration and their representatives, if any;
d. refer to and provide a legible copy of the arbitration agreement between the parties,
provided that where claims are made under more than one arbitration agreement, the
Arbitration Request shall refer to and provide, where possible, each such arbitration
agreement and also provide a reference to and copies of the agreement(s) or other
instrument(s) out of, or in relation to, which the dispute arises and, where possible, a
copy of the agreement(s) or other instrument(s);
e. contain a brief statement describing the nature and circumstances of the dispute,
specifying the relief claimed and, where possible, an initial quantification of the claim
amount;
f. unless otherwise agreed by the parties, contain the nomination of an arbitrator if the
arbitration agreement provides for three arbitrators, or a proposal for a sole arbitrator
if the arbitration agreement provides for a sole arbitrator together with the full name,
address, telephone number and email address of each arbitrator so nominated or
proposed;
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g. provide details of the seat of the arbitration, the applicable law, and the language of
the arbitration; and
h. include proof of payment of the requisite filing fee under these Rules along with
proof of service of the Arbitration Request on the counterparty or counterparties in
the Arbitration.
6.3 Where there are disputes arising out of or in connection with more than one contract, a
party may:
6.4 Where a party has filed two or more Arbitration Requests pursuant to Article 6.3(a), the
Registrar shall accept payment of a single filing fee under these Rules for all the
arbitrations sought to be consolidated. Where the application for consolidation is rejected,
in whole or in part, the party filing the Arbitration Request shall be required to make
payment of the requisite filing fee under these Rules in respect of each arbitration that has
not been consolidated.
6.5 Where a party has filed a single Arbitration Request pursuant to Article 6.3(b) and the
application for consolidation is rejected, in whole or in part, such party shall file an
Arbitration Request in respect of each arbitration that has not been consolidated and shall
be required to make payment of the requisite filing fee under these Rules in respect of
each arbitration that has not been consolidated.
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Article 7: Registration of Arbitration Request
7.1. Upon the receipt of a complete Arbitration Request, in accordance with the provisions of
Article 6.1, the Registrar shall register the Arbitration Request and notify the parties of
the commencement of the arbitration.
7.2. If the Arbitration Request does not comply with these Rules or if the Registration Fee is
not paid, the Registrar shall call upon the Claimant to remedy any such defect within a
period of seven (7) days or any other period as may be determined by the Registrar. If the
Claimant complies with such directions within the specified time limit, the arbitration
shall be deemed to have commenced under Article 5.1 on the date the original Arbitration
Request was received by the Registrar.
7.3. At any time after the registration of the Arbitration Request but before the constitution of
the Arbitral Tribunal, the Registrar may permit the Claimant to supplement or modify its
Arbitration Request to correct any clerical, typographical or arithmetical errors.
8.1. Within 30 days of receipt of the Arbitration Request or any other date as may be specified
by the Registrar, the Respondent shall submit to the Registrar its Reply to the Arbitration
Request (“Reply”). The Reply shall:
a. be submitted in writing;
b. state the name, address, telephone number, facsimile number and electronic mail
address of the party submitting the Reply and its representatives, if any;
c. include a confirmation or denial of all or part of the claims;
d. state any objection to the jurisdiction of the Arbitral Tribunal;
e. include any counterclaim or cross-claim to be raised by the Respondent, provided that
where the Respondent raises any counterclaim, it shall provide a brief statement
describing the nature and circumstances of each counterclaim, specifying the relief
claimed and, where possible, an initial quantification of the counterclaim amount;
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f. unless otherwise agreed by the parties, the nomination of an arbitrator if the
arbitration agreement provides for three arbitrators or, if the arbitration agreement
provides for a sole arbitrator, comments on the Claimant’s proposal for a sole
arbitrator or a counter-proposal;
g. include a statement on the seat of the arbitration, the applicable law, and the language
of the arbitration; and
h. include a proof of service of the Reply on the Claimant.
8.2 Failure to nominate or propose any arbitrator candidate within the time for submission of
the Reply or such other time period as is agreed by the parties or determined by the
Registrar shall constitute an irrevocable waiver of that party's opportunity to nominate or
propose any arbitrator candidate. Failure to deliver any or any part of a Reply within time
or at all shall not (by itself) preclude the Respondent from denying any claim or from
advancing any defence, counterclaim or cross-claim in the arbitration.
8.3 The Reply may also include the Statement of Defence and a Statement of Counterclaim.
8.4 At any time after the receipt of the Reply but before the constitution of the Arbitral
Tribunal, the Registrar may permit the Respondent to supplement or modify its Reply to
correct any clerical, typographical or arithmetical errors.
9.1 Prior to the constitution of the Arbitral Tribunal, a party or non-party to the arbitration
may file an application with the Registrar for one or more additional parties to be joined
in an arbitration pending under these Rules, as a Claimant or a Respondent, provided that
any of the following criteria is satisfied:
b. all parties, including the additional party to be joined, have consented to the
joinder of the additional party.
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b. the names, addresses, telephone numbers, facsimile numbers and electronic mail
addresses, if known, of all parties, including the additional party to be joined, and
their representatives, if any, and any arbitrators who have been nominated or
appointed in the pending arbitration;
f. a brief statement of the facts and legal basis supporting the application.
9.3 The party or non-party applying for joinder shall, at the same time as it files an
application for joinder with the Registrar, send a copy of the application to all parties,
including the additional party to be joined, and shall notify the Registrar that it has done
so, specifying the mode of service employed and the date of service.
9.4 The Governing Council shall, after considering the views of all parties, including the
additional party to be joined, and having regard to the circumstances of the case, decide
whether to grant, in whole or in part, any application for joinder. The Governing
Council’s decision to grant an application for joinder is without prejudice to the
Tribunal’s power to subsequently decide any question as to its jurisdiction arising from
such decision. The Governing Council’s decision to reject an application for joinder, in
whole or in part, is without prejudice to any party’s or non-party’s right to apply to the
Tribunal for joinder pursuant to Article 9.6.
9.5 Where an application for joinder is granted under Article 9.4, the Governing Council may
revoke the appointment of any arbitrators appointed prior to the decision on joinder.
Unless otherwise agreed by all parties, including the additional party joined, Article 11
shall apply as appropriate, and the respective timelines thereunder shall run from the date
of receipt of the Governing Council’s decision under Article 9.4.
9.6 After the constitution of the Tribunal, a party or non-party to the arbitration may apply to
the Tribunal for one or more additional parties to be joined in an arbitration pending
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under these Rules as a Claimant or a Respondent, provided that any of the following
criteria is satisfied:
1. the additional party to be joined is prima facie bound by the arbitration agreement; or
2. all parties, including the additional party to be joined, have consented to the joinder
of the additional party.
9.7 Subject to any specific directions of the Tribunal, the provisions of Article 9.2 shall
apply, mutatis mutandis, to an application for joinder under Article 9.6.
9.8 The Tribunal shall, after giving all parties, including the additional party to be joined, the
opportunity to be heard, and having regard to the circumstances of the case, decide
whether to grant, in whole or in part, any application for joinder under Article 9.6. The
Tribunal’s decision to grant an application for joinder under this Article is without
prejudice to its power to subsequently decide any question as to its jurisdiction arising
from such decision.
9.9 Without prejudice to the powers of the Governing Council pursuant to Article 9.5, where
an application for joinder is granted under Article 9.4 or Article 9.8, any party who has
not nominated an arbitrator or otherwise participated in the constitution of the Tribunal
shall be deemed to have waived its right to nominate an arbitrator or otherwise participate
in the constitution of the Tribunal, without prejudice to the right of such party to
challenge an arbitrator pursuant to Article 13.
9.10 Where an application for joinder is granted under Article 9.4 or Article 9.8, the requisite
filing fee under these Rules shall be payable for any additional claims or counterclaims.
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10.1 The Governing Council shall have the power, at the request of a party and after consulting
with the parties and any confirmed or appointed arbitrators, to consolidate two or more
arbitrations pending under these Rules where:
(b) all of the claims in the arbitrations are made under the same arbitration
agreement; or
(c) the claims are made under more than one arbitration agreement, a common
question of law or fact arises in all of the arbitrations, the rights to relief claimed
are in respect of, or arise out of, the same transaction or a series of related
transactions and the arbitration agreements are compatible.
10.2 Any party wishing to consolidate two or more arbitrations pursuant to Article 10.1 shall
communicate a Request for Consolidation to the Registrar, all other parties and any
confirmed or appointed arbitrators.
(a) the case references of the arbitrations pending under the Rules requested to be
consolidated, where applicable;
(b) the names and addresses, facsimile numbers and/or email addresses of each of the
parties to the arbitrations, their representatives and any arbitrators who have been
confirmed or appointed in the arbitrations;
(e) a copy of the contract (s) or other legal instrument(s) out of or in relation to which
the Request for Consolidation arises, or reference thereto;
(f) a description of the general nature of the claim and an indication of the amount
involved, if any, in each of the arbitrations;
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(g) a statement of the facts supporting the Request for Consolidation, including,
where applicable, evidence of all parties’ written consent to consolidate the
arbitrations;
(k) comments on the constitution of the arbitral tribunal if the Request for
Consolidation is granted, including whether to preserve the appointment of any
arbitrators already appointed; and
(l) confirmation that copies of the Request for Consolidation and any supporting
materials included with it have been or are being communicated simultaneously to
all other relevant parties and any confirmed or appointed arbitrators, by one or
more means of service to be identified in such confirmation.
10.4 The Governing Council may waive or modify any of the requirements in Article 10.3 as it
deems appropriate.
10.5 Where the non-requesting parties or any confirmed or appointed arbitrators are requested
to provide comments on the Request for Consolidation, such comments may include
(without limitation) the following particulars:
(a) comments on the particulars set forth in the Request for Consolidation pursuant to
Article 10.3(a) to (j);
(b) responses to the comments made in the Request for Consolidation pursuant to
Article 10.3(k); and
(c) confirmation that copies of the comments have been or are being communicated
simultaneously to all other relevant parties and any confirmed or appointed
arbitrators, by one or more means of service to be identified in such confirmation.
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10.6 Where the Governing Council decides to consolidate two or more arbitrations, the
arbitrations shall be consolidated into the arbitration that commenced first, unless all
parties agree or the Governing Council decides otherwise taking into account the
circumstances of the case. The Registrar shall communicate such decision to all parties
and to any confirmed or appointed arbitrators in all arbitrations.
10.7 The consolidation of two or more arbitrations is without prejudice to the validity of any
act done or order made by a competent authority in support of the relevant arbitration
before it was consolidated.
10.8 Where the Governing Council decides to consolidate two or more arbitrations, the parties
to all such arbitrations shall be deemed to have waived their right to designate an
arbitrator, and IAMC may revoke any confirmation or appointment of an arbitrator.
IAMC shall appoint the Arbitral Tribunal in respect of the consolidated proceedings with
or without regard to any party’s designation.
(a) the validity of any act done or order made by that arbitrator before his or her
confirmation or appointment was revoked;
(b) his or her entitlement to be paid his or her fees and expenses subject to Schedule
2(C); and
(c) the date when any claim or defence was raised for the purpose of applying any
limitation bar or any similar rule or provision.
10.10 IAMC may adjust its Administrative Fees and the Arbitral Tribunal's fees (where
appropriate) after a Request for Consolidation has been submitted.
11.1. The Arbitral Tribunal shall be constituted in accordance with the agreement between the
parties and their respective nominations as set out in the Arbitration Request and Reply.
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11.2 A sole arbitrator shall be appointed in any arbitration under these Rules unless the parties
have otherwise agreed; or it appears to the Registrar acting in consultation with the
Governing Council, and giving due regard to any proposals by the parties, that the
complexity, the quantum involved or other relevant circumstances of the dispute warrants
the appointment of three arbitrators.
11.3 If a sole arbitrator is to be appointed, either party may propose to the other party the
names of one or more persons to serve as the sole arbitrator. Where the parties have
reached an agreement on the nomination of a sole arbitrator, the Registrar shall appoint
such nominee as arbitrator.
11.4 If within 30 days after the date of commencement of the arbitration, or within the period
otherwise agreed by the parties or fixed by the Registrar, the parties have not reached an
agreement on the nomination of a sole arbitrator, or if at any time either party so requests,
the Registrar in consultation with the Governing Council shall appoint the sole arbitrator.
11.5 If three arbitrators are to be appointed, each party shall nominate one arbitrator.
11.6 If a party fails to make a nomination of an arbitrator within 30 days after receipt of a
party’s nomination of an arbitrator, or within the period otherwise agreed by the parties,
the Registrar acting in consultation with the Governing Council shall appoint an arbitrator
on its behalf.
11.7 Unless the parties have agreed upon another procedure for appointing the third arbitrator,
or if such agreed procedure does not result in a nomination within the period agreed by the
parties or fixed by the Registrar, the Registrar acting in consultation with the Governing
Council shall appoint the third arbitrator, who shall be the presiding arbitrator.
11.8 The terms of appointment of each arbitrator shall be fixed by the Registrar in accordance
with these Rules and in accordance with the agreement of the parties.
11.9 The Arbitral Tribunal shall be deemed to have been constituted on the date of notification of
the appointment of the Arbitral Tribunal to the parties.
11.10 Where IAMC is called upon to appoint one or more members of the Arbitral Tribunal
without the arbitration being subject to administration under these Rules, the party
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requesting the appointment (or all parties, in the event of the appointment function being
delegated to IAMC by a Court) shall pay the appointment fee in accordance with Schedule
2 B.
11.11 Where there are more than two parties to the arbitration, and a sole arbitrator is to be
appointed, the parties may agree to jointly nominate the sole arbitrator. In the absence of
such joint nomination having been made within 30 days of the date of commencement of
the arbitration or within the period otherwise agreed by the parties or fixed by the
Registrar, the Registrar acting in consultation with the Governing Council shall appoint
the sole arbitrator.
11.12 Where there are more than two parties to the arbitration, and three arbitrators are to be
appointed, the Claimant(s) shall jointly nominate one arbitrator and the Respondent(s)
shall jointly nominate one arbitrator. The third arbitrator, who shall be the presiding
arbitrator, shall be appointed in accordance with Article 11.7. In the absence of both such
joint nominations having been made within 30 days of the date of commencement of the
arbitration or within the period otherwise agreed by the parties or set by the Registrar, the
Registrar acting in consultation with the Governing Council shall appoint all three
arbitrators and shall designate one of them to be the presiding arbitrator.
12.1 Any arbitrator appointed to an Arbitral Tribunal constituted under these Rules shall be,
and remain at all times, impartial and independent.
12.2 Any arbitrator appointed to an Arbitral Tribunal constituted under these rules shall accept
the appointment only where:
a. the arbitrator is not aware of any circumstances which are likely to give rise in the
mind of any party to any doubts as to the arbitrator’s impartiality or independence;
b. the arbitrator has sufficient time to commit to the arbitration;
c. the arbitrator has the requisite qualifications as specified in the arbitration agreement,
if any, needed to decide the dispute; and
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d. there is nothing in the knowledge of the arbitrator which may impede the discharge of
the arbitrator’s duties as a member of the Arbitral Tribunal to decide the dispute. The
arbitrator shall specifically consider the demands on his or her physical presence (if
required), the infrastructure and support available to him or her for the arbitration and
any health concerns which he or she knows of.
The arbitrator shall by way of a written disclosure inform the Registrar and the parties of
his or her satisfaction of the conditions listed in (a) to (d) above.
12.3. Each arbitrator shall assume a continuing duty, until the arbitration is concluded, to
disclose forthwith in writing any circumstances becoming known to that arbitrator after
the date of his or her written declaration under Article 12.2, which are likely to give rise
to any justifiable doubts as to his or her impartiality or independence, to be delivered to
the parties, any other members of the Arbitral Tribunal and the Registrar.
13.1. A party to an arbitration may make a request for removal (“Removal Request”) of an
arbitrator appointed to the Arbitral Tribunal to the Registrar only on the grounds that:
13.2. A party may challenge the arbitrator nominated by it only for reasons of which it becomes
aware after the appointment has been made.
14.1. A party that intends to challenge an arbitrator shall file a request with the Registrar for the
removal of such arbitrator (“Removal Request”) in accordance with the requirements of
Article 13.1 within 15 days after receipt of the notice of appointment of the arbitrator who
is being challenged or within 15 days of the party becoming aware of the circumstances
referred in Article 13.1.
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14.2. The Removal Request shall be made in writing and shall state the reasons for the
challenge of an arbitrator together with all relevant evidence in support of the challenge.
The party filing a Removal Request shall, at the same time as it files the notice of
challenge with the Registrar, send the notice of challenge to the other party, the arbitrator
who is being challenged and the other members of the Arbitral Tribunal.
15.1. Upon receipt of the Removal Request, the Registrar may, after considering the relevant
material and circumstances and in consultation with the Governing Council, order a
suspension of the arbitral proceedings until the resolution of the challenge. Unless the
Registrar orders a suspension of the proceedings, the challenged arbitrator shall be entitled
to continue to participate in the arbitration pending a decision on the Removal Request.
15.2. Unless the parties agree to the Removal Request (in which case the arbitrator shall be
removed by IAMC), or the challenged arbitrator resigns within 7 days of the receipt of the
Removal Request or as soon as possible thereafter, the Governing Council shall decide the
Removal Request.
15.3. Prior to making its decision, the Governing Council shall invite and consider comments
from all other parties, and also consult members of the Arbitral Tribunal, including the
challenged arbitrator. The Governing Council, where it considers necessary, may grant a
hearing to the parties and the arbitrator against whom a Removal Request is filed.
15.4. The Governing Council shall make its decision in writing and furnish brief reasons for the
decision within 15 days of the receipt of the Removal Request or as soon as possible
thereafter.
15.5. A copy of the decision on the Removal Request shall be transmitted by the Registrar to the
parties, the challenged arbitrator and to other members of the Arbitral Tribunal.
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16.1. Where the mandate of an arbitrator is terminated under Article 15, or otherwise, another
arbitrator shall be appointed within 14 days in accordance with the procedure applicable to
the nomination and appointment of the arbitrator being replaced.
16.2. Any right of a party to re-nominate an arbitrator pursuant to the removal of an arbitrator
shall be deemed to be waived if not exercised within 14 days, after which the Registrar
shall have the right to appoint the replacement arbitrator in accordance with Articles 11
and 12.
17.1. If the sole arbitrator or chairperson of the Arbitral Tribunal is replaced under Article 16,
any hearings held previously shall be repeated unless otherwise agreed by the parties.
Where any other arbitrator is replaced, any hearings held previously may be repeated at
the discretion of the Arbitral Tribunal after consulting with the parties.
17.2. If the Arbitral Tribunal has issued any interim or partial Award, any hearings related to
issues decided by such Award shall not be repeated, and the said Award shall remain valid
and binding.
18.1 The seat of the arbitration shall be the seat designated by the parties in the arbitration
agreement.
18.2 In the absence of a seat being designated by the parties in the arbitration agreement, the
parties may agree in writing as to the seat of the arbitration, failing which the seat shall be
determined by the Arbitral Tribunal having regard to the circumstances of the case.
19.1. Unless otherwise agreed by the parties, w the venue(s) of any physical hearing shall be
fixed by the Arbitral Tribunal after considering the proposals and views of the parties.
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20.1 Any party may be represented by legal practitioners or any other authorised
representatives. The Registrar and/or the Arbitral Tribunal may require proof of authority
of any party representatives.
20.2 After the constitution of the Arbitral Tribunal, any change or addition by a party to its
representatives shall be promptly communicated in writing to the parties, the Arbitral
Tribunal and the Registrar. However, if a change in representative(s) creates a conflict of
interest for any member of the Arbitral Tribunal, such party shall obtain the permission of
the Arbitral Tribunal for such change.
21.1. Unless otherwise agreed by the parties, the Arbitral Tribunal shall conduct the arbitration
proceedings in English.
22.1. A party to a registered arbitration may, before an Arbitral Tribunal has been constituted,
apply to the Registrar for appointment of an Emergency Arbitrator pursuant to the
procedures set forth in Schedule 1 of these Rules.
23.1 Prior to the constitution of the Arbitral Tribunal, a party may apply to the Registrar in
writing for the arbitral proceedings to be conducted in accordance with the expedited
procedure under this Article (“Expedited Procedure”) where either of the following
criteria is satisfied:
(a) the anticipated amount in dispute at the time of the application does not exceed the
amount of, or the amount equivalent to, Rs 10 crore (Rs 100,000,000), representing the
aggregate of the claim, counterclaim and any set-off; or
23.2 When a party has applied to the Registrar under Article 23.1, and when the Registrar in
consultation with the Governing Council determines, after considering the views of the
parties, that the arbitral proceedings shall be conducted in accordance with the Expedited
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Procedure, the Registrar shall promptly inform the parties that the Expedited Procedure
shall apply to the arbitral proceedings.
23.3 Where the arbitration agreement contemplates a three member tribunal, but such a
tribunal is yet to be constituted, if the Registrar determines that the Expedited Procedure
shall apply to the arbitral proceedings, the mandate of the appointed members of the
Arbitral Tribunal shall stand terminated.
23.4 An arbitration under the Expedited Procedure shall follow the procedure set out as
follows:
(a) the Registrar may shorten any time limits under these Rules;
(b) the case shall be referred to a sole arbitrator, notwithstanding any agreement to the
contrary in the arbitration agreement, unless the Governing Council determines
otherwise;
(c) unless the parties agree or the Arbitral Tribunal determines that the dispute shall be
decided on the basis of documentary evidence only, the Tribunal shall hold a hearing for
the examination of all witnesses and expert witnesses as well as for oral submissions; and
(d) the Award shall be made within 6 months from the date when the Tribunal is
constituted unless, in exceptional circumstances, the Registrar extends the time for
completion of the proceedings.
24.1. The Arbitral Tribunal and the parties shall make all efforts to conduct the arbitration in an
expeditious and cost-effective manner.
24.2. While conducting the arbitration, the Arbitral Tribunal shall act fairly and impartially and
ensure that each party has a reasonable opportunity to present its case.
24.3. Subject to any agreement between the parties, the Arbitral Tribunal shall adopt such
procedural measures as it considers appropriate after consulting with the parties.
24.4. The Arbitral Tribunal may request the parties to convene a meeting to discuss the
procedures that will be most appropriate and efficient for the case, including the fixing of
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a procedural timetable. Such meeting may be conducted in person or by any other means.
Unless otherwise agreed by the parties, the Presiding Arbitrator may make procedural
rulings alone, subject to revision by a majority of the Arbitral Tribunal.
26.1. The Arbitral Tribunal shall apply the law or rules of 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 or rules of law which it determines to be appropriate
in the facts and circumstances of the case.
26.2. The Arbitral Tribunal shall decide in accordance with the terms of the applicable contract
and shall take into account any usage of trade applicable to the transaction to the extent
that the Arbitral Tribunal considers it relevant to the arbitration.
26.3. The Arbitral Tribunal shall assume the powers of an amiable compositeur or decide ex
aequo et bono only if the parties have agreed to confer such powers on the Arbitral
Tribunal.
27.1 The parties undertake as a general principle to keep confidential all orders and Awards
made in the arbitration, together with all materials in the arbitration created for the
purpose of the arbitration and all other documents produced by another party in the
proceedings not otherwise in the public domain as well as any information contained in
any of the foregoing, save and to the extent that disclosure may be required of a party by
legal duty, to protect or pursue a legal right, or to enforce or challenge an Award or order
in legal proceedings before a state court or other legal authority. The parties shall seek the
same undertaking of confidentiality from all those that it involves in the arbitration,
including but not limited to any authorised representative, witness of fact, expert or
service provider.
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27.2 Article 27.1 shall also apply, with necessary changes, to the Arbitral Tribunal, any
Tribunal Secretary and any expert to the Arbitral Tribunal. Notwithstanding any other
provision of the IAMC Rules, the deliberations of the Arbitral Tribunal shall remain
confidential to its members and if appropriate any Tribunal Secretary, save as required by
any applicable law.
28.1. The parties to the arbitration shall have a right to a hearing before the Arbitral Tribunal,
unless the parties agree otherwise, and such an agreement is acceptable to the Arbitral
Tribunal considering the complexities of the arbitration.
28.2. The Arbitral Tribunal shall schedule the hearings to be held in the arbitration, in
consultation with the parties, in a manner where each party is aware of and has adequate
notice of the scheduled hearings.
28.3. The Arbitral Tribunal shall, for the purpose of ensuring efficient conduct of the
arbitration and after consulting the parties, specify:
b) where the hearing is conducted physically or in a hybrid mode, the place where such
hearing will be conducted, the service provider(s)/platform(s) and any other arrangements
as may be required for such hearings having regard to the facilities available at IAMC
with the parties and the arbitrators.
28.4 Where a hearing is adjourned or rendered inefficacious due to the actions of a party to the
arbitration, the Arbitral Tribunal may reschedule the hearing at the costs of that party.
28.5 At any time during the Arbitral Proceeding and before the Award is issued, where the
Arbitral Tribunal on its own volition or on a request by a party, considers it necessary to
have submissions by the parties on a specific issue in the arbitration, it shall direct the
parties by an order in writing to make such submissions.
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Article 29: Interim and Conservatory Measures
29.1 The Arbitral Tribunal may, at the request of a party, order any interim protection or
conservatory measure it deems appropriate. The decision on the request for such
measures shall be supported by reasons.
29.2 The Arbitral Tribunal may, in its discretion, make the granting of any interim protection
or conservatory measure subject to any conditions or appropriate security being furnished
by the requesting party.
30.1 In addition to the powers specified in these Rules, the Arbitral Tribunal shall enjoy any
inherent powers that may be available to it under the applicable law or pursuant to an
agreement between the parties.
31.1 The Arbitral Tribunal shall make its Award in writing and affix the physical or electronic
signatures of the arbitrator(s). Any electronic signature application shall have been
approved by the Registrar. The Award shall state the reasons upon which it is based
unless the parties have agreed that no reasons are to be given.
31.2 The Award shall state the date when the Award is made and shall be deemed to be issued
on that day at the seat of the arbitration.
31.3 Where an arbitrator does not join with the majority in the decision in the Award, such
arbitrator may provide a dissenting or concurring opinion separately. If any arbitrator
refuses or fails to sign an Award, the signatures of the majority or (failing a majority) of
the presiding arbitrator shall be sufficient, provided that the reason for any omitted
signature is stated in the Award by the majority or by the presiding arbitrator.
31.4. Prior to the Award and the opinion of the dissenting and/or concurring arbitrator being
communicated, the draft(s) of the same shall be scrutinized by the Registrar who may, as
soon as practicable, suggest modifications as to the form of the Award and without
affecting the Arbitral Tribunal’s liberty to decide the dispute, draw the Arbitral
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Tribunal’s attention to points of substance. The Arbitral Tribunal shall consider the
suggestions of the Registrar and carry out any corrections or revisions to the Award as
may be considered appropriate by the Arbitral Tribunal. No Award shall be made or
communicated by the Arbitral Tribunal until it has been approved by the Registrar as to
its form.
31.5 The Arbitral Tribunal may make separate partial Awards on different issues at different
times during the proceedings. Where such partial Awards have been issued, a reference to
such Awards shall be made in the final Award.
31.6. The Award shall be delivered to the Registrar, who, upon final settlement of the costs of
the arbitration, shall communicate the signed copy of the Award to each of the parties.
31.7 Unless the parties have agreed otherwise, the Arbitral Tribunal may order that simple or
compound interest shall be paid by any party on any sum awarded at such rates as the
Arbitral Tribunal decides to be appropriate in respect of any period which the Arbitral
Tribunal decides to be appropriate ending not later than the date upon which the Award is
complied with.
Article 32: Consent Award and Additional Award
32.1 In the event of any final settlement of the parties' dispute, the Arbitral Tribunal may
decide to make an Award recording the settlement if the parties jointly so request in
writing (a "Consent Award"), provided always that such Consent Award shall contain an
express statement on its face that it is an Award made at the parties' joint request and with
their consent. A Consent Award need not contain reasons or a determination in relation to
the Arbitration Costs or Legal Costs.
32.2 If the parties do not jointly request a Consent Award, on written confirmation by the
parties to the Registrar that a final settlement has been reached, the Arbitral Tribunal
shall make an order of termination of the proceedings subject to payment by the parties of
any outstanding costs of the arbitration.
Article 33: Correction of Awards, Interpretation of Awards and Additional Awards
33.1 Within 30 days of receipt of an Award, a party may, by written notice to the Registrar
and the other party, request the Arbitral Tribunal to correct in the Award any error in
computation, any clerical or typographical error or any error of a similar nature. If the
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Arbitral Tribunal considers the request to be justified, it shall make the correction within
30 days of receipt of the request. Any correction, made in the original Award or in a
separate memorandum, shall constitute part of the Award.
33.2 The Arbitral Tribunal may correct any error of the type referred to in Article 33.1 on its
own initiative within 30 days of the date of the Award.
33.3 Within 30 days of receipt of an Award, a party may, by written notice to the Registrar
and the other party, request the Arbitral Tribunal to make an additional Award as to
claims presented in the arbitration but not dealt with in the Award. If the Arbitral
Tribunal considers the request to be justified, it shall make the additional Award within
45 days of receipt of the request.
33.4 The Registrar may, if necessary, extend the period of time within which the Arbitral
Tribunal shall make a correction of an Award or an additional Award under this Article.
34.1 The arbitrators, an Emergency Arbitrator, IAMC (including its officers and employees),
the Board of Trustees and its members, the Governing Council and its members, any
Tribunal Secretary or expert appointed by the Arbitral Tribunal shall not be liable to any
party howsoever for any act or omission arising out of or in connection with any
arbitration save: (i) where the act or omission is shown by that party to constitute
conscious and deliberate wrongdoing committed by the body or person alleged to be
liable to that party; or (ii) to the extent that any part of this provision is shown to be
prohibited by any applicable law.
34.2 Any party agreeing to arbitration under or in accordance with the IAMC Rules irrevocably
agrees that the courts of Hyderabad, India shall have exclusive jurisdiction to hear and
decide any action, suit or proceedings between that party and the arbitrators, an
Emergency Arbitrator, IAMC (including its officers and employees), the Board of
Trustees and its members, the Governing Council and its members, any Tribunal
Secretary or expert appointed by the Arbitral Tribunal, which may arise out of or in
connection with any such arbitration and, for these purposes, each party irrevocably
submits to the jurisdiction of the courts of Hyderabad, India.
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Article 35: Waiver
35. A party which proceeds with the arbitration without raising its objection to a failure to
comply with any provision of the Rules, or of any other rules applicable to the proceedings,
any direction given by the Arbitral Tribunal, or any requirement under the arbitration
agreement relating to the constitution of the Arbitral Tribunal or the conduct of the
proceedings, shall be deemed to have waived its right to object.
36.1 The fees and expenses of the Arbitral Tribunal and IAMC’s Administrative Fees shall be
determined by the Registrar in accordance with Schedule 2. The schedule of fees in force
at the time of receipt of the Arbitration Request shall be applicable to the arbitration.
36.2 The Registrar shall, from time to time, fix the amount of deposits to be made towards the
costs of the arbitration, as defined in Article 37.3, and the timelines for payment. Unless
the Registrar directs otherwise, 50% of such deposits shall be payable by the Claimant and
the remaining 50% of such deposits shall be payable by the Respondent. The Registrar may
fix separate deposits on costs for claims and counterclaims, respectively.
36.3 The Registrar shall make a provisional estimate of costs of the arbitration where the
amount of the claim or the counterclaim or the relief claimed is not quantified or
quantifiable at the time where the payment of deposits is due. Such estimate may be based
on the nature of the controversy and the circumstances of the case. This estimate may be
adjusted in light of such information as may subsequently become available. In cases
where non pecuniary relief is claimed, the Registrar shall finally determine the cost of
arbitration, as set out in Article 37.3, in consultation with the Governing Council.
36.4 Save for exceptional circumstances, the Arbitral Tribunal should not proceed with the
arbitration without having ascertained from the Registrar that IAMC is or will be in
requisite funds as regards outstanding and future costs of the arbitration.
36.5 If a party fails to make any deposit within the time specified, the Registrar may, after
consulting with the Arbitral Tribunal and the parties, direct the Arbitral Tribunal to
suspend work and set a time limit on the expiry of which the relevant claims or
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counterclaims shall be considered as withdrawn without prejudice to the party
reintroducing the same claims or counterclaims in another proceeding.
36.6 Where one party fails to pay its share of the deposit, the other party may pay that share:
Provided further that where the other party also does not pay the aforesaid share in respect
of the claim or the counterclaim, the Arbitral Tribunal may suspend or terminate the
arbitral proceedings in respect of such claim or counterclaim, as the case may be.
36.7 If the disputes referred to arbitration are settled or withdrawn or the arbitration is
terminated prior to the making of an Award, the costs of the arbitration shall be determined
by the Registrar having due regard to the circumstances of the case, including the stage of
proceedings at which the disputes have been settled or withdrawn or the arbitration
terminated. In the event that the costs of the arbitration so determined are less than the total
amount of deposits received by IAMC, the excess amount shall be transferred by IAMC to
the parties in the same proportions and to the same parties as the deposits were paid to
IAMC, subject to any order of the Arbitral Tribunal or agreement between the parties.
36.8 All deposits shall be made to, and held by, IAMC. Such payments by the parties may be
applied by IAMC to pay any item of the costs of the arbitration (including IAMC’s own
fees and expenses). The parties agree that IAMC shall not act as trustee and its sole duty to
the parties in respect of the deposits shall be to act pursuant to these Rules. Any interest
which may accrue on such deposits shall be retained by IAMC.
37.1 Unless otherwise agreed by the parties, the Arbitral Tribunal shall specify in the Award the
total amount of the costs of the arbitration and the apportionment of the costs of the
arbitration between or among the parties.
37.2 In making its decisions as to apportionment of the costs of the arbitration between or
among the parties, the Arbitral Tribunal shall take into account such circumstances as it
considers relevant, including the extent to which each party has conducted the arbitration
in an expeditious and cost-effective manner.
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(i) the Arbitral Tribunal’s fees and expenses and the Emergency Arbitrator’s fees and
expenses, where applicable determined in accordance with Schedule 2C;
(ii) IAMC’s Administrative Fees applicable to the aggregate of claims and counterclaims,
charges for the use of IAMC’s facilities and support services, and out of pocket expenses
calculated in accordance with Schedule 2B; and
(iii) the costs of any expert appointed by the Arbitral Tribunal and of any other assistance
reasonably required by the Arbitral Tribunal including the fees and expenses of a Tribunal
Secretary.
37.4 The Arbitral Tribunal shall have the authority to order in its Award that all or a part of the
legal or other costs of a party be paid by another party.
38.1 For all matters not expressly provided in these Rules or the arbitration agreement, IAMC,
the Arbitral Tribunal, any Tribunal Secretary and each of the parties shall act at all times in
good faith, respecting the spirit of these Rules and the arbitration agreement, and shall
make every reasonable effort to ensure that any Award is legally recognised and
enforceable at the arbitral seat.
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SCHEDULE 1: EMERGENCY ARBITRATION
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Article 3: Challenge to the Emergency Arbitrator
3.1 A challenge against the Emergency Arbitrator must be made to the Registrar within three
(3) days from the date of receipt of the notice of appointment of the Emergency
Arbitrator. A challenge may only be made on the grounds outlined in Article 13.1 of the
Rules.
3.2 The challenge shall be decided by the Governing Council within a total period of three
(3) days from the date of receipt of the challenge or as soon as possible thereafter. The
Governing Council shall base its decision on written representations made by the parties
and the Emergency Arbitrator, and shall render its decision in writing with reasons.
3.3 Should the Governing Council uphold the challenge to the Emergency Arbitrator, another
Emergency Arbitrator shall be appointed by the Registrar within a period of three (3)
days from the date of the decision of the Governing Council or as soon as possible
thereafter, following the procedure in Article 2 of this Schedule.
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telephone/video conferences, or written submissions. The Emergency Arbitrator shall not
be required to hold oral hearings, whether in person or virtually, and may decide the
claim for emergency relief based on available documentation.
Article 7: Powers of the Arbitral Tribunal in Relation to the Decision on the Application
7.1 A decision on the Application may be confirmed, varied, discharged or revoked, in whole
or in part, by order or Award made by the Arbitral Tribunal upon application by any
party or upon its own initiative. The Arbitral Tribunal shall not be bound by the reasons
given by the Emergency Arbitrator.
Article 9: Costs
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9.1 The costs associated with any Application may initially be apportioned by the Emergency
Arbitrator, subject to the power of the Arbitral Tribunal to determine finally the
apportionment of such costs.
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SCHEDULE-2
A. Filing Fee
Rs.25,000 (Non-Refundable)
B. Administration Fee
Up to 50,000,000 ₹ 1,00,000
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Notes:
1. Administration Fee does not include the charges for facilities and support services in
connection with any hearing (e.g. hire charges for hearing rooms, cost of photocopying,
telephone, internet services, typing, transcription and translation services etc.) and out of
pocket expenses.
2. Administration Fee for Emergency Arbitration shall be capped at 10% of fee for the
applicable slab in the above Schedule, subject to a minimum of ₹50,000 (Rupees Fifty
Thousand) and maximum of ₹1,00,000 (Rupees One Hundred Thousand).
Note: There will be no separate fee for appointment of Arbitral Tribunal or its members
where the arbitration is administered by IAMC.
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C. Arbitrator’s Fee Schedule
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Up to 10,000,000 ₹3,95,000
(One Crore)
Notes:
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1. The Fee calculated as per above schedule is payable to one arbitrator. In case of three-
member Arbitral Tribunal, the Arbitral Tribunal’s fee shall be three times the amount
indicated under “Fee” column above. A presiding arbitrator shall be entitled to an
additional amount of 10% on the fee payable as per the above.
2. Arbitral Tribunal’s Fee for emergency arbitrations shall be capped at 10% of fee for the
applicable slab in the above Schedule, subject to a minimum of ₹1,00,000/-(Rupees One
Hundred Thousand)) and maximum of ₹ 8,00,000/- (Rupees Eight Hundred Thousand).
3. In respect of matters referred to IAMC for arbitration by any High Court under the
provisions of the Arbitration & Conciliation Act, 1996, the schedule of fees shall be
determined by reference to the Fourth Schedule of Arbitration and Conciliation Act, 1996
unless otherwise directed by the concerned Court.
4. Where the hearings involve travel by the arbitrator/s, the expenses for travel,
accommodation and out of pocket expenses (actuals) shall be payable in addition to the
fees.
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