In supersession of the previous Rules including Delhi High Court Arbitration Centre (DAC) (Internal Management) Rules, Guidelines, Circulars and Orders, the Delhi High Court Arbitration Centre (DAC) (Arbitration Proceedings) Rules, the Delhi High Court Arbitration Centre (Arbitrator‘s Fee) Rules. The Delhi International Arbitration Centre, (Internal Management) Rules, (Arbitration Proceedings) Rules and (Administrative Costs and Arbitrators‘Fees) Rules, with effect from 1st November 2012, are framed as appended.
DELHI INTERNATIONAL ARBITRATION CENTRE (DIAC) (INTERNAL MANAGEMENT) RULES, 2012
1. Title - These rules may be called the Delhi International Arbitration Centre (DIAC) (Internal Management) Rules, 2012.
1.1 The Rules shall come into force on 01.07.2018
(1) In these rules, unless the context otherwise requires;
(a) “Act” means the Arbitration and Conciliation Act, 1996 and the amendments thereto or any re-enactment thereof;
(b) “Arbitral Award” includes an interim, partial and preliminary award;
(c)''Arbitration Committee'' means the committee constituted under Rules 3;
(d) “Arbitrator” means a person appointed as an arbitrator from the DIAC panel of arbitrators or by consent of parties; and includes Emergency Arbitrator.
(e) “Centre” means Delhi International Arbitration Centre, for short, DIAC;
(f) “Chairperson” and ''Vice-Chairperson'' mean the persons nominated under Rule 3;
(g) “coordinator” and ''Additional Coordinators'' means the person appointed in accordance with these Rules;
(h) “DIAC Counsel ” means the counsel appointed under Rule 8;
(i) “DIAC Panel of Arbitrators” means the Panel of Arbitrators prepared and maintained in accordance with Rule 10 of these Rules [for short, the Panel];
(j) “Dispute” includes differences;
(k) “Party” means a Party(ies) to an arbitration agreement;
(2) The words and phrases not defined in these Rules shall bear the same meaning as used or defined in the Act.
(3) The Chief Justice of the Delhi High Court shall be the patron-in-Chief of the Delhi International Arbitration Centre (DIAC) and shall have the powers vested under Rules 3, 6, 8, & 12 of the Rules.
3. The Arbitration Committee -
(1) There shall be an Arbitration Committee consisting of members as under:
(a) Five Judges of the Delhi High Court of whom one shall be the Chairperson and one Vice-Chairperson to be nominated by the Chief Justice of the High Court of Delhi;
(b) Additional Solicitor General attached to the Delhi High Court;
(c) President or Vice-President of the Delhi High Court Bar association;
(d) Four Advocates to be nominated by the Chief Justice of the Delhi High Court out of whom at least two shall be designated Senior Advocate.
(2) The Coordinator shall be the ex-officio member of the Arbitration Committee, without any voting rights, and shall convene the meetings of the Arbitration Committee as may be desired by the Chairperson/Vice-Chairperson.
(3) The meetings of the Arbitration Committee shall be presided over by the Chairperson.
(4) The Vice-Chairperson, in the absence of the Chairperson, shall exercise the powers and discharge the duties of the Chairperson.
(5) The members of the Arbitration Committee may meet as and when required for the smooth and efficient functioning of the Centre.
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4. Powers and Function of the Arbitration Committee –
(1) To take decisions for smooth and effective functioning of the Centre;
(2) To formulate norms/ guidelines for internal functioning of the Arbitration Committee and lay down guidelines for the Secretariat and the Advisory Counsel;
(3) To recommend revision/amendment in the Delhi International Arbitration Centre (DIAC) (Internal Management) Rules, the Delhi International Arbitration Centre (Arbitration Proceedings) Rules and the Delhi International Arbitration Centre (DIAC) (Administrative Costs and Arbitrators‘ Fees) Rules and the norms/guidelines stated in Rule 4 (2) of these Rules, as deemed appropriate;
(4) To prepare and update the DIAC Panel and Arbitrator and to take such decisions as may be required from time to time;
(5) To fix/revise the arbitrators‘fees.
(6) To remove a person from the Panel of Arbitrators if:
(a) Any complaint of breach of duty or misconduct is received against him and the Arbitration Committee is of the opinion that it would be expedient in the interest of the Centre not to continue such person on its Panel of arbitrators; or
(b) He is declared to be of unsound mind or becomes incapacitated; or
(c) He has incurred any disqualification under the Act.
(d) For any other reason deemed appropriate by the Committee.
(7) Exercise all such power and functions for the proper functioning of the DIAC.
5. THE SECRETARIAT -
(1) There shall be a Secretariat to supervise and manage the DIAC and shall consist of:
(a) A member of Delhi Higher Judicial Service to be appointed by the Chief Justice of the Delhi High Court as Coordinator who will be in-charge of the Centre and act under the supervision of the Chairperson; and
(b) Two Members of Delhi Judicial Service to be appointed by the Chief Justice of the Delhi High Court as Additional Coordinators to assist the Coordinator.
(c) Notwithstanding anything contained in Clause (a) and (b), it shall be open to the Chief Justice of the Delhi High Court to appoint a person who in the opinion of the Chief Justice is qualified to be appointed as Coordinator or Additional Coordinator.
(d) Such staff as may be appointed/deputed by the Chief Justice of the Delhi High Court.
6. Duties and Responsibilities of the Coordinator –
(1) The Coordinator shall be responsible for the day-to-day functioning of the Centre.
(2) Without prejudice to the generality of the provision in (1), the Coordinator shall undertake the following:
(a) On receipt of a Request for arbitration, take steps in accordance with the rules of DIAC.
(b) Notify the parties to comply with the requirements of filing of the Request and Reply and the submission and payment of arbitrators‘ fee(s) and miscellaneous expenses, within the prescribed time frame.
(c) Maintain and update from time to time a profile of each arbitrator on the Panel of Arbitrators, and make it available to the parties, on request.
(d) Maintain a fact sheet of each arbitration case dealt with by the Centre.
(e) Carry out directions given by the Arbitration Committee from time to time.
(3) All correspondence and communications to the Centre shall be addressed to the Coordinator and all correspondence and communications on behalf of the Centre shall be made by the Coordinator.
10. Pannel of Arbitrators
(1) The DIAC shall maintain a Panel of Arbitrators as approved by the Arbitration Committee from time to time.
(2) The parties may choose any person from the Panel of Arbitrators to be appointed as an arbitrator in respect of their disputes, subject to their availability. Information so submitted by the persons who are so empaneled may be made available to the parties seeking to appoint an arbitrator.
(3) Notwithstanding the above, the Court or the Chairperson, as the case may be,may appoint an arbitrator who is not empaneled, but such appointment shall be restricted to the case concerned.
(4) The Arbitration Committee may at any time add new names to the Panel of Arbitrators or omit the name of any person from the Panel of Arbitrators.
11. Amendment of Rules -
These Rules may be amended by the Chief Justice of the Delhi High Court on the recommendation of the Arbitration Committee.
12. Residuary Provision
The Arbitration Committee may take appropriate decisions, as it considers necessary in respect of all matters, which are not specifically provided in these Rules.