1. 4. Request for Arbitration
2. 4.1 A party shall file with DIAC a written Request for Arbitration, including in cases where a reference to DIAC has been made by any Court/Authority. The request shall, in so far as applicable, and be accompanied by-
3. (a) provisional terms of reference, if any;
4. (b) where reference is received from a Court, referral
   order ofthe Court;
5. (c) a request that the dispute be referred to arbitration;
6. (d) the full terms of the arbitration clause or the separate arbitration agreement that is invoked;
7. (e) where the arbitration clause or the separate arbitration agreement does not provide that arbitration shall be conducted under the aegis of DIAC, a duly executed memorandum of understanding stating that both the parties have agreed to submit the dispute for arbitration before DIAC*;
8. (f) a copy of the contract(s) or other instrument(s) out of or in relation to which the dispute arises;
9. (g) a disclosure of any other arbitration proceedings between the parties where the disputes or differences therein are identical and between the same parties or between the parties having commonality of interest or where such disputes arise out of separate contracts but relate to the same transaction.
10. (h) the full names and contact details, including postal address(es), telephone number(s), and Mobile number(s) facsimile number(s) and electronic mail address(es), to the extent known, of the parties to the arbitration and their legal representatives, if any;
11. (i) a statement briefly describing the nature and circumstances of the dispute and the claims advanced by the Claimant against any other party to the arbitration, each such party being here separately described as the "Respondent", specifying the relief claimed, including the amounts of any quantified claims and, to the extent possible, an estimate of the monetary value of any other claims;
12. (j) a statement of any matters which the parties have previously agreed to as to the conduct of the arbitration or with respect to which the Claimant wishes to make a proposal (such as the number of Arbitrator(s), the applicable rules of law, the language(s) of the arbitration, the seat of arbitration etc.);
13. (k) in case of arbitration by Sole Arbitrator, unless the parties have agreed otherwise or an Arbitrator has been named by the Court, the request shall contain a list offive Arbitrators from the Panel as suggested Arbitrator to the arbitration. In case of arbitration by a Tribunal of three Arbitrators, the party making the request shall nominate an Arbitrator from the Panel on its behalf. The party shall take the consent of the Arbitrator so nominated and also ensure that such Arbitrator does not suffer from any disqualification as mentioned in Section 12(5) of the Act:
    Provided that in case the Panel does not include a person possessing requisite qualification as per the arbitration agreement, the parties may nominate an Arbitrator from outside the Panel;
14. (l) proof of service of the Request for Arbitration and any documents filed there with on the other parties to the satisfaction of DIAC; and
15. (m) confirmation that the requisite administrative charges have been paid.
16. 4.2 In case no such request in terms of Rule 4.1 is received, no further action will be taken by the DIAC. A request which is inchoate in the opinion of the DIAC will not be considered as a valid request.
17. 4.3 Party making Request for Arbitration may also file Statement of Claim as referred to in Rule 16.1 along with the request.
18. 4.4 The contents of the Request for Arbitration does not prevent a party from subsequently adding, supplementing or amending its pleadings, the matters referred to arbitration or the reliefs claimed:
    Provided that where the request is accompanied with the Statement of Claim, such amendment shall only be considered by the Arbitral Tribunal in accordance with Rule 18.
19. 5. Response to the Request for Arbitration
20. 5.1 The other party shall file its response to the Request for Arbitration within thirty days of receipt of such request, failing which it shall be presumed that the party has consented to the arbitration in accordance with these Rules. The response shall contain or be accompanied by-
21. (a) a confirmation or denial of all or part of the claims, including the Claimant's invocation of the arbitration agreement in support thereof;
22. (b) the full names and contact details including postal address(es), telephone number(s) and mobile number(s), facsimile number(s) and electronic mail address(es) of the Respondent and its legal representatives and successor(s)-in-interest, if any;
23. (c) a statement briefly describing the nature and circumstances of the dispute and the defence to the claim, including Counter-Claims, if any, raised specifying the relief claimed, and the amounts of any quantified Counter-Claims and, to the extent possible, an estimate of value of any other Counter-Claims;
24. (d) any comment in response to any statements contained in the Request for Arbitration, or with respect to which the Respondent wishes to make a proposal, on matters relating to the conduct of the arbitration such as the number of Arbitrator(s), the applicable rules of law, the seat/place of arbitration etc.;
25. (e) In case of Sole Arbitrator, a list of five nominees from the Panel who may be considered for appointment as an Arbitrator. In case of a three members Arbitral Tribunal, the nominee Arbitrator for the Respondent;
26. (f) confirmation that copies of the Response and the documents relied on have been or are being served simultaneously on all other parties, specifying the mode of service employed and the date of service, by documentary proof satisfactory to DIAC, of actual delivery (including the date of delivery); and
27. (g) confirmation that the requisite administrative charges have been paid.
28. 5.2 The Response may also include the Statement of Defence and a Statement of Counter-Claim, as referred to in Rule 17.1.
29. 6. Consolidation Mechanism
30. On the date fixed for the Terms of Reference, the Arbitral Tribunal may, with the consent of the parties, direct consolidation of two or more arbitral proceedings before it, if the disputes or differences therein are identical and between the same parties or between the parties having commonality of interest, or where such disputes arise out of separate contracts but relate to the same transaction.

1. 7. Disclosures and Grounds of Challenge
2. 7.1 Where a person is approached in connection with his possible appointment as an Arbitrator, he shall file disclosure in writing in terms of Section 12 of the Act, as amended from time to time.
3. 7.2 Grounds of challenge and other provisions of Section 12 of the Act shall apply mutatis mutandis.
4. 8. Appointment and Confirmation of Arbitrators
5. 8.1 The parties to a dispute are free to determine whether the Arbitral Tribunal shall be constituted by a Sole Arbitrator or by three Arbitrators. In no case, the number of Arbitrators shall exceed three.
   Sole Arbitrator
6. 8.2 Failing the determination referred to in Rule 8.1, the Arbitral Tribunal shall consist of a Sole Arbitrator.
7. 8.3 The Arbitrator shall be appointed from the list of Arbitrators who is common in the request for arbitration and the response thereto.
8. 8.4 In case there is no such common name, the Arbitrator shall be appointed by the Chairperson/Sub Committee.
   Three Arbitrators
9. 8.5 Where the agreement provides for the appointment of three Arbitrators, the Claimant shall appoint its Arbitrator at the time of filing the request and the Respondent shall appoint its Arbitrator at the time of filing of its response to the Request for Arbitration, and the two Arbitrators shall within 21 days, appoint the Presiding Arbitrator.
10. 8.6 Where the parties fail to appoint their respective Arbitrators or where the Arbitrators appointed by the parties fail to appoint the Presiding Arbitrator, in terms of Rule 8.5, then within 21 days thereof, the Chairperson/ Sub-Committee shall appoint the Arbitrator/ Presiding Arbitrator as the case may be:
    Provided that in a case of an International Arbitration, where the parties belong to different nationalities, the Presiding Arbitrator may be of a nationality other than the nationalities of the parties.
11. 9. Appointment in case of Multiparty Arbitration
12. 9.1 The parties to a multiparty dispute are free to determine whether the Arbitral Tribunal shall be constituted by a Sole Arbitrator or by three Arbitrators. In no case, the number of Arbitrators shall exceed three.
13. 9.2 Where there are more than two parties to an arbitration, and a Sole Arbitrator is to be appointed, the parties must agree to jointly nominate the Sole Arbitrator. Failing a joint nomination by all the parties to the arbitration, the Sole Arbitrator shall be appointed by the Chairperson.
14. 9.3 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 by the two Arbitrators nominated by the parties, failing which, the Arbitrator/Arbitrators shall be appointed by the Chairperson in terms of Rule 8.6.
15. 9.4 In the event of a dispute between the parties in relation to the nomination of any Arbitrator, the Chairperson shall also have the right to appoint the Arbitrator/ Arbitrators, as the case may be.
16. 10. Challenge of Arbitrators
17. 10.1 Any Arbitrator, appointed by DIAC on nomination by a party(ies) or otherwise or by a Court, may be challenged only before the DIAC and only if circumstances exist that give rise to justifiable doubts as to the Arbitrator's impartiality or independence, or if the Arbitrator does not possess any requisite qualification which the parties have previously agreed, or if the Arbitrator becomes dejure or defacto unable to fulfil his functions or is not fulfilling those functions in accordance with the Rules or within the prescribed time limits.
18. 10.2 A party may challenge the Arbitrator nominated by him only for reasons of which he becomes aware after the appointment has been made.
19. 10.3 A party who intends to challenge an Arbitrator shall send a notice of challenge within 14 days after the receipt of the notice of appointment of the Arbitrator who is being challenged or within 14 days after the circumstances mentioned in Rule 10.1 and 10.2 become known to that party.
20. 10.4 The notice of challenge shall be submitted to DIAC and be simultaneously sent to the other party, the Arbitrator(s) being challenged and the other members, if any, of the Tribunal. The notice of challenge shall be in writing and shall state the reasons for the challenge. The DIAC may request comments on the challenge from the parties, the challenged Arbitrator and the other members of the Tribunal (or if the Tribunal has yet not been constituted, any appointed Arbitrator) within a period of 10 days from the date of such request.
21. 10.5 The notice of challenge duly submitted as per Rule 10.1 and 10.2 shall be disposed of by the Chairperson/ Sub Committee within a period of 60 days from the date of receipt of notice in terms of the Rules.
    Explanation- Notice of Challenge shall not be acted upon and shall not be treated as received by DIAC unless the party submitting such notice deposits with DIAC a sum of Rs.10,000/- (Rupees Ten thousand) towards processing costs which may be refunded in case the challenge succeeds. The time for making the Award shall, in terms of section 29A(3) of the Act, stand extended by the period spent between the date of receipt of the application for the challenge and its disposal by the Chairperson/Sub- Committee.
22. 10.6 If the Chairperson or the Sub-Committee appointed by the Chairperson sustains the challenge, a substitute Arbitrator shall be appointed by the Chairperson in accordance with these Rules.
23. 10.7 The Chairperson/Sub-Committee shall have the discretion to impose such costs as may be deemed appropriate in the event that the challenge fails, which shall be recoverable from the party instituting the challenge.
24. 10.8 The Centre shall forthwith communicate to the parties and the Arbitral Tribunal whether the challenge has been sustained or overruled.
25. 10.9 Such challenge shall be decided on the basis of the application and the comment(s)/response(s) thereto, if any, and the record of the Arbitration Proceedings, without any oral hearing unless so directed by the Chairperson/Sub-Committee.
26. 11. Termination and Substitution
27. 11.1 In the event of death, resignation, withdrawal or removal of an Arbitrator as per circumstances mentioned in Section 12 and 14 of the Act and Rule 10 during the course of arbitral proceedings, a substitute Arbitrator shall be appointed by the Chairperson in accordance with these Rules.
28. 11.2 An Arbitrator may also be substituted if in the opinion of the Chairperson/Sub-Committee the Arbitrator is not fulfilling the functions assigned to him in accordance with the Rules or is not proceeding with/completing the arbitration within the prescribed time limits:Provided
    that the Chairperson or the Sub-Committee shall make a decision under the abovementioned provision only after the Arbitrator concerned, the parties and any other members of the Tribunal have had an opportunity to comment in writing, within a reasonable period of time, on the grounds on which substitution is contemplated. Such comments shall be communicated to the parties and to the Tribunal. However, no oral hearing shall be granted unless so directed by the Chairperson/Sub-Committee.
29. 11.3 Unless otherwise directed, further proceedings before the reconstituted Tribunal shall commence from the stage at which they were prior to such reconstitution.

1. 12. Fast Track Arbitration
2. 12.1 Notwithstanding anything contained in these Rules to the contrary, the parties may, at any stage before or at the time of appointment of Arbitral Tribunal, mutually agree in writing to adopt the fast track procedure for resolution of their disputes or differences.
3. 12.2 In adopting fast track procedure, the parties shall sign an undertaking in writing to the effect that they shall dispense with oral evidence.
4. 12.3 The Claimant shall submit its Request in terms of Rule4.
5. 12.4 The other party shall submit its reply in terms of Rule 5.
6. 12.5 If parties fail to reach an agreement with respect to the name of an Arbitrator from the Panel, the Chairperson/Sub-Committee shall make such appointment within one week after the expiry of period of thirty days of submission of reply as per Rule 12.4.
7. 13. Fast Track Procedure
8. 13.1 The Arbitral Tribunal shall adopt the following procedure while conducting arbitration proceedings under the fast-track procedure-
9. (a) the Arbitral Tribunal shall decide the dispute on the basis of written pleadings, documents and submissions filed by the parties;
10. (b) the Arbitral Tribunal shall have the power to call for any further information or clarification from the parties in addition to the pleadings and documents filed by them;
11. (c) an oral hearing may be held only if all the parties make a request or if the Arbitral Tribunal considers it necessary to have an oral hearing for clarifying certain issues. Such hearing would be limited to oral submissions to be made within a specified time as may be determined by the Arbitral Tribunal;
12. (d) the Arbitral Tribunal may adopt such procedure, consistent with this Rule, as deemed appropriate for expeditious disposal of the case.
13. 13.2 The award under this Rule shall be made within a period of six months from the date the Arbitral Tribunal enters upon reference.
14. 13.3 If award is not made within the period of six months specified in Rule 13.2, the provisions of sub-sections (3) to (9) of Section 29A of the Act shall apply.

1. 14. Emergency Arbitration
2. 14.1 If a party requires urgent, interim or conservatory measures that cannot await the formation of the Arbitral Tribunal under the rules, it may make an application to DIAC, with a simultaneous copy thereof to the other party to the arbitration agreement, for such measures.
3. 14.2 The party making such an application shall-
4. (a) include a statement briefly describing the nature and circumstances of the relief sought and specific reasons why such relief is required on an emergency basis and the reasons why the party is entitled to such relief;
5. (b) pay the application fee prescribed for the appointment of the Emergency Arbitrator; and file proof of service of such application upon the opposite party.
6. 14.3 The fee of the Emergency Arbitrator shall be as prescribed in the Delhi International Arbitration Centre (Administrative Costs and Arbitrators' Fees) Rules, 2018 and the party invoking the provision of Emergency Arbitration shall deposit such fees along with the application.
7. 14.4 The Chairperson/Sub-Committee shall appoint the Emergency Arbitrator within two days of making of such request (excluding non-business days).
8. 14.5 Prior to accepting his appointment, a prospective Emergency Arbitrator shall file disclosure in writing in terms of Section 12 of the Act. Any challenge to the appointment of the Emergency Arbitrator must be made within one business day of the communication by DIAC to the parties of the appointment of the Emergency Arbitrator and the circumstances disclosed.
9. 14.6 An Emergency Arbitrator may not act as an Arbitrator in any future arbitration relating to the dispute unless agreed by all the parties.
10. 14.7 The Emergency Arbitrator so appointed shall schedule a hearing including the filing of pleadings and documents by the parties within two business days of his appointment. The parties shall abide by the schedule, failing which the Emergency Arbitrator may proceed with the arbitration without giving further time to such party.
11. 14.8 The Emergency Arbitrator shall provide a reasonable opportunity of being heard to all the parties before granting any urgent, interim or conservatory measures and proceed to make an order by giving reasons.
12. 14.9 The Emergency Arbitrator shall have the power to order any interim relief that he deems necessary. An order of the Emergency Arbitrator shall be made in writing, with a brief statement of reasons. An order of an Emergency Arbitrator shall be enforceable in the manner as provided in the Act.
13. 14.10 The Emergency Arbitrator shall ensure that the entire process from the date of his appointment to the making of the order shall be completed within fourteen (14) days, failing which the Emergency Arbitrator will not be entitled to any fee.
14. 14.11 The Emergency Arbitrator shall become functus officio after 14 days or after the order is made, whichever is earlier, and shall not be a part of the Arbitral Tribunal which may be formed subsequently unless otherwise agreed to by all the parties.
15. 14.12 The order for urgent, interim or conservatory measures passed by the Emergency Arbitrator shall not bind the Arbitral Tribunal on the merits of any issue or dispute that the said Tribunal may be required to determine.
16. 14.13 The order passed by the Emergency Arbitrator shall remain operative for a period of 90 (ninety) days from the date of passing of the order unless modified, substituted or vacated by the Arbitral Tribunal. The Arbitral Tribunal shall also have the power to extend the operation of the order beyond the period of 90 (ninety) days.
17. 14.14 Any order of the Emergency Arbitrator 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.
18. 15. Interim Relief
19. 15.1 A party may, during the arbitral proceedings, apply to the Arbitral Tribunal for an interim measure of protection in respect of the subject matter of the dispute as it may consider necessary, including-
20. (a) for the appointment of a guardian for a minor or person of unsound mind for the purposes of arbitral proceedings; or
21. (b) for an interim measure of protection in respect of any of the following matters namely-
22. (i) the preservation, interim custody or sale of any goods which are the subject matter of the arbitration agreement;
23. (ii) securing the amount in dispute in the arbitration;
24. (iii) the detention, preservation or inspection of any property or thing which is the subject-matter of the dispute in arbitration, or as to which any question may arise therein and authorizing for any of the aforesaid purposes any person to enter upon any land or building in the possession of any party, or authorizing any samples to be taken, or any observation to be made, or experiment to be tried, which may be necessary or expedient for the purpose of obtaining full information or evidence;
25. (iv) interim injunction or the appointment of a receiver;
26. (v) such other interim measures of protection as may appear to the Arbitral Tribunal to be just and convenient; and the Arbitral Tribunal shall have the same power for making orders, as the Court has for the purpose of, and in relation to, any proceedings before it.
27. 15.2 The Arbitral Tribunal may modify, suspend or terminate an interim measure granted by it, upon an application by a party, if the circumstances so warrant.

1. 16. Statement of Claim
2. 16.1 Unless already submitted pursuant to Rule 4.3, the Claimant shall, within a period of time to be determined by the Tribunal at the first procedural meeting, file at the Centre with advance copy(ies) to the opposite party(ies) and the Tribunal, a Statement of Claim setting out in full detail-
3. (a) Name, description, contact details, email ids, telephone numbers, mobile numbers and correspondence address of Claimant(s) and Respondent(s);
4. (b) Description of the nature and circumstance of the dispute giving rise to the Claim(s);
5. (c) Statement of the relief sought along with amount(s) claimed;
6. (d) Relevant agreements and, in particular, a copy of written arbitration clause or written arbitration agreement;
7. (e) All supporting and relevant documents shall be filed as attested true copies of the originals, with adequate sets/copies to be supplied to the parties and an additional set for the Centre;
8. (f) Issues to be adjudicated;
9. (g) All relevant particulars concerning the Arbitrators, their number, qualifications, if any, prescribed in the arbitration on which parties have already agreed in writing;
10. (h) Statements as to the applicable rules of law, if any, and the language of the arbitration;
11. (i) Order of Court, if any, passed in proceedings referred to in Rule 1.2 of these Rules, or the signed joint memorandum (if any);
12. (j) A statement as to whether any order under Section 9 of the Act has been passed and if so, whether the request for arbitration is being made within the period provided under sub-section (2) of Section 9 of the Act. A copy of the interim order passed shall also be enclosed;
13. (k) Final terms of reference in furtherance of provisional terms under Rule 4;
14. (l) Value of each of the relief sought along with a declaration stating the aggregate amount of Claims, quantification of Arbitrator's fee as based on aggregate claims and date of deposit of its share of fee, if deposited.
    Explanation- For the purpose of this Rule, the provisions of Rule 3 shall apply mutatis mutandis.
15. 16.2 If the Claimant fails within the time specified to submit its Statement of Claim, the Tribunal may issue an order for the termination of the arbitral proceedings qua such claims and impose costs or give other directions, as may be appropriate.
16. 17. Statement of Defence, Plea of Set Off and Counter-claim
17. 17.1 The Respondent(s) shall, within the time to be determined by the Tribunal at the first procedural meeting, file Statement of Defence with advance copy to the opposite party(ies) and the Tribunal. The plea of Set-Off and/or Counter-Claim, if any, shall be filed along with the Statement of Defence.
18. 17.2 Subject to the decision of the Tribunal, the failure to adhere to the time limits for filing of pleadings as prescribed by the Arbitrator under Rule 21.2 may result in foreclosure of the right of the Respondent to file Statement of Defence, a plea of Set-Off and/or Counter-Claim.
19. 17.3 The copy of the Statement of Defence, plea of Set-Off and/or Counter-Claim and the documents annexed thereto, shall be sent to the Claimant in advance and proof of service thereof shall accompany the Statement of Defence, plea of Set-Off and/or Counter-Claim submitted to the Centre.
20. 17.4 The Claimant shall file reply to the Counter-Claim and the provisions of sub-rule 1 to 3 of this Rule shall apply mutatis mutandis. Subject to the decision of the Tribunal, failure of the Claimant to file his reply to the Counter- Claim within the time stipulated or the extended time may constitute a waiver of the Claimant's opportunity to file such reply.
21. 18. Amendments to the Statement of Claim or Defence
22. 18.1 With the leave of the Tribunal and on such terms as the Tribunal may determine, a party may amend or supplement its Claim, Counter-Claim or other pleadings, unless the Tribunal considers it inappropriate, having regard to the delay in making such request or prejudice to the other party or any other circumstances. However, a Claim or Counter-Claim or pleadings may not be amended or supplemented in such a manner that the amended or supplemented Claim or Counter-Claim or pleadings would, if permitted, fall outside the scope of the arbitration agreement.
23. 18.2 The Coordinator may adjust the Tribunal's fees and DIAC's fees (where appropriate) if a party is permitted to amend or supplement its Claim, Counter-Claim or pleadings.
24. 19. Further Pleadings
25. 19.1 All statements, documents or other information supplied to the Tribunal and DIAC by one party shall simultaneously be supplied to the other party.
26. 19.2 The Tribunal shall decide whether further pleadings shall be required from the parties or may be presented by them. The Tribunal shall fix the periods of time for communicating such pleadings, if any. The Tribunal may further limit the length and scope of written pleadings and written and oral evidence (both fact witnesses and experts).
27. 19.3 The Tribunal may, at any time during the proceedings, if it considers it appropriate, require the parties with its consultation, to prepare an agreed list of issues to be determined by the Tribunal.

1. 20. Jurisdiction
2. 20.1 Any objection by a party to the competence of the DIAC to administer an arbitration, before the Tribunal is appointed, shall be placed in the first instance before the Chairperson or the Sub-Committee appointed by the Chairperson for that purpose.
3. 20.2 If the Chairperson or such Sub-Committee sustains the objection, the proceedings shall be terminated. In all other cases, the Tribunal shall decide such objection in accordance with Section 16 of the Act.
4. 21. Conduct of Proceedings
5. 21.1 The Tribunal may conduct the arbitration in such manner as it considers appropriate to ensure avoidance of unnecessary delay and expense, having regard to the complexity of the issues involved and the amount in dispute:Provided
   that such procedures ensure fair and equal treatment to the parties and afford them a reasonable opportunity to present their case.
6. 21.2 The Tribunal shall, soon after it is appointed, discuss with the parties and determine such procedure, including the procedural timelines, engagement of transcription/translation services, as deemed appropriate for conduct of proceedings.
7. 21.3 The Tribunal may proceed with the arbitration not with standing the failure or refusal of any party to comply with these Rules or with the Tribunal's orders or directions, or to attend any meetings or hearings, and may take any other appropriate measures, not inconsistent with the Act, in order to preserve the fairness and integrity of the proceedings.

   Application for adjournment

8. 21.4 Any party seeking adjournment or change in the timelines fixed for the arbitration proceedings, shall file a written request supported by sufficient and cogent reasons with necessary documents. In case such application is filed less than fifteen days prior to the date of hearing, the same shall be accompanied by an application fees of Rs.3,OOO/- (Rupees Three Thousand) payable to DIAC.
9. 21.5 Mere filing of an application shall, however, not result in an automatic adjournment. The application shall be decided by the Arbitral Tribunal on merits and may be accepted subject to such further conditions as the Arbitral Tribunal deems fit.
10. 22. Language
11. 22.1 The language of the arbitration proceedings shall be English.
12. 22.2 If a document is in a language other than English, the Tribunal, or if the Tribunal has not been established, the Coordinator, may direct the party filing such a document to submit a translation thereof
13. 23. Seat and Venue
14. 23.1 Unless the parties expressly agree otherwise, the seat of arbitration shall be New Delhi.
15. 23.2 The Tribunal may, in consultation with the parties, hold hearings, meetings and deliberations by any means and at any venue, it considers expedient or appropriate.
16. 23.3 In case hearings' are held at any place outside DIAC, its intimation and copy of proceedings shall be sent to DIAC by the Arbitral Tribunal within 7 (seven) days from the date of hearing.
17. 24. Applicable Law
18. 24.1 Where the place of arbitration is situated in India,-
19. (a) in an arbitration other than an international commercial arbitration, the Arbitral Tribunal shall decide the dispute submitted to arbitration in accordance with the substantive law for the time being in force in India;-
20. (b) in international commercial arbitration,
21. (i) the Arbitral Tribunal shall decide the dispute in accordance with the law designated by the parties as applicable to the substance of the dispute;
22. (ii) any designation by the parties of the law or legal system of a given country shall be construed, unless otherwise expressed, as directly referring to the substantive law of that country and not to its conflict of laws/rules;
23. (iii) failing any designation of the law under sub Rule (b)(i) by the parties, the Arbitral Tribunal shall apply the rules of law it considers to be appropriate given all the circumstances surrounding the dispute.
24. 24.2 The Arbitral Tribunal shall decide ex aequo et bono or as amiable compositeur only if the parties have expressly authorized it to do so.
25. 24.3 While deciding and making an award, the Arbitral Tribunal shall, in all cases, take into account the terms of the contract and trade usages applicable to the transaction.
26. 25. Evidence
27. 25.1 Ordinarily, the burden of proving the facts relied on to support its Claim, Counter-Claim or Defence, shall be on the concerned party.
28. 25.2 The Tribunal, while determining the admissibility, relevance, materiality and weight of any evidence, shall not be bound by the Indian Evidence Act, 1872 or the Code of Civil Procedure, 1908 or by any strict rules of evidence.
29. 25.3 At anytime during the arbitral proceedings, the Tribunal may require the parties to produce documents, exhibits or other evidence within such period of time as the Tribunal shall determine. The Tribunal may also, in consultation with the parties, undertake a site visit.
30. 25.4 In addition, the Tribunal shall have the power to-
31. (a) conduct such enquiries as may appear to be necessary or expedient;
32. (b) direct the parties to make available for inspection any property or item;
33. (c) direct any party to produce for inspection any document(s) in their possession, custody or control which it considers relevant and also direct that copies of such document(s) be supplied to the other parties.
34. 26. Hearings
35. 26.1 (a) Unless the parties have agreed to a fast track arbitration under these Rules, a hearing shall be held if any of the parties so requests or if the Arbitral Tribunal so decides. The Arbitral Tribunal shall give reasonable notice to the parties to appear before it on the date, time and place fixed. The Arbitral Tribunal may after consulting the parties, decide that hearing(s) be conducted in person or remotely by video conferencing, or any other appropriate means of communication.
36. (b) Notwithstanding sub-Rule 26.1(a), if all the parties so request in writing, the Arbitral Tribunal may conclude the arbitral proceedings without any oral hearing.
37. 26.2 The Tribunal may, in advance of any hearing, notify the parties the questions which it requires them to answer.
38. 26.3 If any party to the proceedings, without sufficient cause, fails to appear at a hearing, the Tribunal may proceed with the arbitration and may pass appropriate orders or make the Award.
39. 26.4 The Tribunal may, at the request of the parties, make appropriate orders binding the parties on the terms of disclosure of documents considered to be sensitive given the nature of the dispute.
40. 27. Witnesses
41. 27.1 Before a hearing, the Tribunal may require any party to give a list of witnesses, including expert witnesses, whom it intends to examine, the subject matter of their testimony and its relevance to the issues.
42. 27.2 The Tribunal shall have the discretion to allow, refuse or limit the number of witnesses intended to be examined by a party.
43. 27.3 The Tribunal shall also have the discretion to restrict the time to be allocated for the oral testimony of a witness.
44. 27.4 The Tribunal may determine the manner in which witnesses are to be examined and may direct that the testimony of any witness be presented in written form.
45. 28. Joinder of Parties
46. 28.1 A party wishing to join an additional party to the arbitration shall submit its written request for arbitration against the additional party (the "Request for Joinder") to the Coordinator. The date on which the Request for Joinder is received by the Coordinator shall, for all purposes, except the time for making the award, be deemed to be the date of the commencement of arbitration against the additional party. No additional party may be joined after the confirmation or appointment of any Arbitrator, unless all parties, including the additional party, otherwise agree in writing.
47. 28.2 The Request for Joinder shall contain the information as specified in Rule 4.1 to the extent applicable.
48. 28.3 In the event of additional party(ies) being joined, DIAC shall determine any additional cost or fees to be paid and the proportion in which the same is to be paid by the parties.
49. 28.4 The rules relating to the Statement of Claim/ plea of Set Off and/or Counter-Claim shall apply mutatis mutandis to the added party.
50. 29. Reference to Mediation
51. 29.1 Parties to an arbitration agreement may, at any time after the commencement of the arbitration proceedings request the Arbitral Tribunal to put the arbitration proceedings on hold to enable the parties to resolve their disputes amicably.
52. 29.2 The parties shall convey their request to the Arbitral Tribunal, or if the Arbitral Tribunal has not been constituted, to the Coordinator.
53. 29.3 The Arbitral Tribunal shall accept the request of the parties and keep in abeyance the arbitration proceedings, enabling the parties to resolve their dispute through Mediation.
54. 29.4 The parties shall have the liberty to appoint a mediator of their choice including from the Panel of the Delhi High Court Mediation and Conciliation Centre.
55. 29.5 The mediation proceedings shall remain confidential and shall not be brought on record in the arbitration proceedings or otherwise, should the mediation fail.
56. 29.6 If the parties settle the dispute through mediation, the settlement agreement executed between the parties shall be forwarded to the Arbitral Tribunal, which shall, on receipt of the settlement agreement, proceed in accordance with Rule 30.
57. 29.7 Unless the parties expressly agree in writing the mediator would be disqualified to act or continue as an Arbitrator.
58. 30. Settlement of dispute
59. 30.1 The Tribunal may encourage settlement of the dispute with the agreement of the parties.
60. 30.2 If during the arbitration proceedings, the parties settle the dispute, the Tribunal shall terminate the proceedings and, if requested by the parties and not objected to by the Tribunal, record the settlement in the form of an Arbitral Award on agreed terms.
61. 30.3 Such Arbitral Award as passed to record settlement between the parties should contain an express statement that it is an award made at the parties' joint request and with their consent.

1. 31. Arbitral Award
2. 31.1 The Arbitral Tribunal shall make an award within the period of eighteen months from the completion of the pleadings or such period as extended by the Court. However, at least 45 days before the expiry of the said period, the Tribunal shall submit its draft award to the Coordinator for the scrutiny by the Committee constituted for that purpose. In such event, the Coordinator will, on the advice of such Committee, suggest modifications to the draft award without in any manner interfering with the decision of the Tribunal on merit of the dispute. The suggestions, if any, shall be communicated not later than one month after the receipt of the draft award failing which the Arbitrator will proceed to pronounce the final award without waiting for the suggestions. The Tribunal is at liberty to make such changes as it deems fit to the draft award. Explanation:
   The above prescribed period of eighteen months includes the extended period of six months for the making of the award as contemplated under section 29A(3) of the Act.
3. 31.2 The Tribunal may make interim and/or partial Awards on different issues at different times.
4. 31.3 The DIAC may publish any Award on its website, in any of its publication, or authorize publication thereof. However, if any of the parties intimates in writing to the Coordinator at any stage prior to the publication of award that the award be retained as confidential, DIAC shall refrain from publishing the same.

1. 32. Costs of the Arbitration
2. 32.1 The fees payable to the Tribunal and the administrative costs of DIAC shall be fixed in accordance with the DIAC (Administrative Costs & Arbitrators' Fees) Rules, 2018.
3. 32.2 The Tribunal shall specify in the award the total amount of the costs of the arbitration. Unless the parties have agreed otherwise, the Tribunal shall determine in the award the apportionment of the costs of the arbitration among the parties.
4. 32.3 Regime for costs
5. (a) In relation to any arbitration proceeding or a proceeding under any of the provisions of these Rules pertaining to the arbitration, Arbitral Tribunal, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), shall have the discretion to determine -
6. (i) whether costs are payable by one party to another;
7. (ii) the amount of such costs; and
8. (iii) when such costs are to be paid.
9. Explanation-
   For the purpose of this Rule, "costs" means reasonable costs relating to- (i) the fees and expenses of the Arbitrators, Centre and witnesses; (ii) legal fees and expenses; and (iii) any other expenses incurred in connection with the arbitral or Court proceedings and the arbitral award.
10. (b) If the Arbitral Tribunal decides to make an order as to payment of costs.
11. (i) the general rule is that the unsuccessful party shall be ordered to pay the costs of the successful party; or
12. (ii) the Arbitral Tribunal may make a different order for reasons to be recorded in writing.
13. (c) In determining the costs, Arbitral Tribunal shall have regard to all the circumstances,
14. including-
15. (i) the conduct of all the parties;
16. (ii) whether a party has succeeded partly in the case;
17. (iii) whether the party had made frivolous Claims/Counter-Claims; and
18. (iv) whether any reasonable offer to settle the dispute is made by a party and refused by the other party.
19. (v) The Arbitral Tribunal may make any order as to costs under this rule including an order that a party shall pay-
20. - a proportion of another party's costs;
21. - a stated amount in respect of another party's costs;
22. - costs from or until a certain date only;
23. - costs incurred before proceedings have begun;
24. - costs relating to particular steps taken in the proceedings;
25. - costs relating only to a distinct part of the proceedings; and
26. - interest on costs from or until a certain date.
27. (d) An agreement which has the effect that a party is to pay the whole or part of the costs of the arbitration, in any event, shall be valid only if such agreement is made after the dispute in question has arisen.
28. 32.4 In making decisions as to costs, the Tribunal may 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.
29. 33. Advance on Costs
30. 33.1 The Centre shall fix the amount of deposits to be made by the parties in accordance with the DIAC (Administrative Costs and Arbitrator's Fees) Rules, 2018. Unless the Centre 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 Centre may fix separate advances of deposits for Claims and Counter-Claims, respectively.
31. 33.2 Parties are jointly and severally liable for the deposits as directed by the Centre. Any party is free to pay the whole of the deposits for costs of the arbitration in respect of the claim or the Counter-Claim should the other party fail to pay its share.
32. 33.3 Where the amount of the Claim or the Counter-Claim is not quantifiable at the time payment is due, a provisional estimate of deposits shall be made by the Centre. Such estimate may be based on the nature of the controversy and the circumstances of the case. This may be adjusted in light of such information as may subsequently become available.
33. 33.4 The Centre may from time to time direct parties to make further deposits in accordance with the DIAC (Administrative Costs and Arbitrator's Fees) Rules, 2018.
34. 33.5 If a party fails to make the deposits as directed within thirty days from the date on which it is due, the Centre may either terminate the arbitration where the Tribunal is yet to be constituted or where the Tribunal has been constituted, direct the Tribunal to terminate the arbitration with respect to the Claim or Counter-Claims, as the case may be. This shall however be without prejudice to the party reintroducing the same Claims or Counter-Claims in another proceeding, in accordance with law.
35. 33.6 Fees of the Arbitral Tribunal shall be disbursed in accordance with Schedule F of the DIAC (Administrative Costs and Arbitrator's Fees) Rules, 2018.
36. 33.7 All deposits shall be made to and held by the DIAC. Any interest which may accrue on such deposits may be retained by the DIAC.

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 of India attached to the Delhi High Court;

(c) President or Vice-President of the Delhi High Court Bar Association; and

(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 Advocates.

(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.

4. Powers and Functions 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 DIAC Counsel;

(3) To recommend revision/amendment in the Delhi International Arbitration Centre (Internal Management) Rules, the Delhi International Arbitration Centre ( Arbitration Proceedings ) Rules and the Delhi
International Arbitration Centre ( 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 of Arbitrators 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; or

(d) for any other reason deemed appropriate by the Committee.

(7) Exercise all such powers and functions for the proper functioning of the DIAC.

1. PART -II: SECRETARIAT
2. 5. The Secretariat
3. (1) There shall be a Secretariat to supervise and manage the DIAC and shall consist of:
4. (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
5. (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.
6. (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.
7. (d) Such staff as may be appointed/deputed by the Chief Justice of the Delhi High Court.
8. 6. Duties and Responsibilities of the Coordinator
9. (1) The Coordinator shall be responsible for the day-to-day functioning of the Centre.
10. (2) Without prejudice to the generality of the provision in the Coordinator shall undertake the following:
11. (a) On receipt of a Request for Arbitration, take steps in accordance with the Rules of DIAC.
12. (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.
13. (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.
14. (d) Maintain a fact sheet of each arbitration case dealt with by the Centre.
15. (e) Carry out directions given by the Arbitration Committee from time to time.
16. (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.

7. DIAC Counsel –

On the recommendation of the Arbitration Committee, the Chief Justice shall appoint:

(1) A Chief Counsel who shall be an Advocate with atleast 10 years of standing and preferably experienced in the field of arbitration. The Chief Counsel shall provide assistance and advice to the Secretariat from time to time and shall oversee the compliance and the functioning of the Counsel on such terms and remuneration as the Chief Justice may determine on the recommendation of the Arbitration Committee.

(2) Two or more Counsel and Deputy Counsel, who shall be advocates, with preferably 5 years and 3 years post qualification experience respectively and preferably experience in the field of arbitration for such tenure and on such terms and remuneration as the Chief Justice may determine on the recommendation of the Arbitration Committee.

(3) At any time on the recommendation of the Arbitration Committee, the Chief Justice shall have the power to terminate the tenure of any of the DIAC Counsel without assigning any reason.

8. Duties and Responsibilities of the DIAC Counsel –

The duties and responsibilities s of the DIAC Counsel shall be as under:

(a) To process the records pertaining to each Request for arbitration, received by the Centre, and recommend to the Coordinator to initiate action in accordance with the rules of the Centre.

(b) Call upon the parties through the Coordinator to file their Statement(s) of claim, Replies thereto, Counter-claim(s) etc.

(c) Compile all documents received pursuant to filing of a Request and divide them into separate volumes, forward a copy to each member of the Arbitral Tribunal and maintain a copy for the record of the Centre in accordance with Rule 7 of the Delhi International Arbitration Centre (Arbitration Proceedings) Rules.

(d) Call upon the parties through the Coordinator to deposit the assessed miscellaneous expenses of the Centre and the fees for the arbitrator(s).

(e) Render assistance by way of legal research, if called upon or requested to by the Arbitral Tribunal.

(f) Assess the costs to be awarded by the Arbitral Tribunal in all arbitration proceedings.

(g) Ensure proper docket management and upkeep of the record of the DIAC.

(h) Report to all communications by the Parties and/ or the Arbitrator in consultation with the Coordinator/ Additional Coordinator and ensure time compliance.

(i) Apprise the Arbitrator about the status of the fee/ charge deposited, pursue deposit of deficient amounts if any, report non-compliance of order of the Arbitrator or the Coordinator and to secure such orders as may be necessary.

9. Law Researchers –

(1) On the recommendation of the Arbitration Committee the Chief Justice shall appoint Law Researchers for such tenure and on such remuneration as may be determined.

(2) The Law Researches shall inter alia assist in :

(a) research for DIAC Publications;

(b) maintaining statistical data of DIAC; and;

(c) providing assistance to the Arbitration Committee or any sub-committee appointed under the DIAC (Proceedings) Rules.

(3) At any time on the recommendation of the Arbitration Committee, the Chief Justice shall have the power to terminate the tenure of any of the Law Researchers without assigning any reason.

10. Panel 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.

1. 2. Administrative Costs
   The Administrative costs payable by the Parties shall be determined in accordance with the scales specified in Schedule 'A'
   to these rules. The scales of the Administrative charges shall be decided by the Chairperson, from time to time.

1. 3. Arbitrator's Fee
2. (i) The fees payable to the Arbitrators shall be determined in accordance with the scales specified in Schedules 'B, C, D, E & F' to these rules.
3. (ii) The fee shall be determined and assessed on the aggregate amount of the Claim(s) and Counter Claim(s):
   Provided that in the event of failure of party to arbitration to pay its share as determined by the Centre, on the aggregation of Claim(s) and Counter Claim(s), the Centre may assess the Claim(s) and Counter Claim(s) separately and demand the same from the parties concerned:
   Provided further that for the purposes of valuation or quantification of the Claims, the Centre shall be governed by the laws of India, and the principles governing the valuation of claims before the Courts of Civil Jurisdiction:
   Provided also that in case of undervaluation or where the value is not determinable in pecuniary terms, the Co-ordinator would be entitled to assess and demand the revised fee on the basis of assessment and to decide the objections, if any, relating to the quantification or valuation.

1. 4. Parties to share equally the Administrative Costs and the Fees of the Arbitrator
2. (i) The Administrative Costs and the Arbitrators' fees set forth in these Rules shall be initially shared equally by the parties, subject to the cost of arbitration as may be finally determined by the Arbitral Tribunal.
3. (ii) The fee, costs and expenses, determined by the Centre, shall be payable entirely in advance.

1. 5. Miscellaneous Expenses
2. Miscellaneous expenses likely to be incurred during arbitration shall be determined by the Coordinator and shall be paid equally by the parties.

1. 6. Accounts
2. The Coordinator may maintain an account of the Administrative Costs and miscellaneous expenses and for which the Coordinator shall be entitled to open and operate a bank account with a scheduled nationalized bank. Chief cashier to maintain accounts's book of the centre under the supervision of Coordinator.

1. 7. Administrative Costs, Miscellaneous Expenses And Arbitrators' Fee when Proceedings Terminate-
2. (i) Arbitrators' Fees shall be payable when proceedings are terminated, withdrawn or settled.
3. (ii) In the event of the arbitration being terminated, withdrawn or settled, the Coordinator, in consultation with the Chairperson shall fix the quantum of fees payable to the Arbitrator(s). The Coordinator shall take into account the stage at which the arbitration proceedings stood terminated and the extent of work done or time spent by the Arbitrators on the matter:
   Provided that no separate fee or charges shall be payable to the Arbitral Tribunal in relation to any Application under section 17 or Section 33 of the Arbitration and Conciliation Act, 1996.
4. (iii) Unless otherwise directed by the Court or except in case of de novo trial directed by the Court, the Arbitral Tribunal shall not be entitled to fresh fee in the event the award is set aside and remanded to the same Arbitral Tribunal for consideration.
5. (iv) The Administrative Costs and miscellaneous expenses paid by the parties shall not be refundable, under any eventuality.

1. 8. Amendment of Rules
2. These Rules may be amended by the Chief Justice of the Delhi High Court in consultation with the Arbitration Committee.

1. 9. Residuary Provision
2. The Arbitration Committee may take appropriate decisions, as it considers necessary in respect of all matters which are not specifically provided in these Rules.

1. 4. Request for Arbitration –
2. 4.1 Arbitration Proceedings under these rules shall commence:-
3. (a) on receipt of an order of a Court referring the parties to arbitration; or
4. (b) when a party makes a request in writing to the Centre in accordance with Rule 4.2 to commence the arbitration, whichever is earlier.
5. 4.2 When a party files with the Coordinator a written Request for Arbitration it shall contain or be accompanied by:
6. (a) Provisional Terms of Reference; if any;
7. (b) in cases covered by Rule 4.1(a), order of the Court referring the parties to Arbitration;
8. (c) a request that the dispute be referred to arbitration;
9. (d) the full terms of the arbitration clause or the separate arbitration agreement that is invoked;
10. (e) a copy of the contract(s) or another instrument(s) out of or in relation to which the dispute arises;
11. (f) the full names and contact details, including postal address(es), telephone number(s), facsimile number(s) and electronic mail address(es), to the extent known, of the parties to the arbitration and their legal representatives, if any;
12. (g) a statement briefly describing the nature and circumstances of the dispute and the claims advanced by the Claimant against any other party to the arbitration, each such party being here separately described as the “Respondent”, specifying the relief claimed, including the amounts of any quantified claims and, to the extent possible, an estimate of the monetary value of any other claims;
13. (h) a statement of any matters which the parties have previously agreed to as to the conduct of the arbitration or with respect to which the Claimant wishes to make a proposal (such as the number of arbitrator(s), the applicable rules of law, the language(s) of the arbitration, and the seat of arbitration);
14. (i) Unless the Parties have agreed otherwise or an arbitrator has been named by the court, the nomination of an arbitrator, if the arbitration agreement provides for three arbitrators, or a proposal for a sole arbitrator the arbitration agreement provides for a sole arbitrator;
15. Explanation- In any event, the party making a request for arbitration shall inform the centre in writing of the name of arbitrator(s) not later than 21 days from the date of the first submission of the request for arbitration.
16. (j) confirmation that copies of the Request for Arbitration and any documents have been or are being served simultaneously on all other parties, specifying the mode of service employed and the date of service, to be supported then or as soon as possible thereafter by documentary proof satisfactory to the Coordinator of actual delivery including the date of delivery; and
17. (k) confirmation that the requisite administrative charges have been paid.
18. 4.3 Party making request for Arbitration may also file Statement of Claim along with the request.
19. 4.4 The contents of the Request for Arbitration do not prevent a party from subsequently adding, supplementing or amending in its pleadings the matters referred to arbitration or the reliefs claimed, subject to Rule 18, provided that such matters and reliefs fall within the scope of the arbitration agreement.
20. 5. Response to the Request for Arbitration –
21. 5.1 The Respondent shall simultaneously send to the party making a request for Arbitration and DIAC a Response within 30 days of receipt of the Request for Arbitration. The Response shall contain or be accompanied by:
22. (a) a confirmation or denial of all or part of the claims, including the Claimant’s invocation of the arbitration agreement in support thereof;
23. (b) the full names and contact details (including postal address(es), telephone number(s) and mobile number(s), facsimile number(s) and electronic mail address(es) of the Respondent and its legal representatives and successor(s) in interest, if any;
24. (c) a statement briefly describing the nature and circumstances of the dispute and the defence to the claim, including Counter-Claims, if any, raised specifying the relief claimed, and the amounts of any quantified Counter-Claims and, to the extent possible, an estimate of value of any other Counter-Claims;
25. (d) any comment in response to any statements contained in the Request for Arbitration, or with respect to which the Respondent wishes to make a proposal, on matters relating to the conduct of the arbitration such as the number of arbitrator(s), the applicable rules of law, and the seat/place of arbitration;
26. (e) unless the parties have agreed otherwise:
27. (i) where the arbitration agreement provides for a sole arbitrator, the concurrence or otherwise with the proposed nomination of the party making request for Arbitration;
28. (ii) where the arbitration agreement provides for three or five member Tribunal, the nomination of Arbitrator shall be as envisaged in such agreement.
29. (f) confirmation that copies of the Response and the documents relied on have been or are being served simultaneously on all other parties, specifying the mode of service employed and the date of service, by documentary proof satisfactory to the Coordinator of actual delivery (including the date of delivery);
30. (g) confirmation that the requisite administrative charges have been paid.
31. 5.2 The Response may also include the Statement of Defence and a Statement of Counter-claim, as referred to in Rule 17.1.
32. 6. Consolidation Mechanism –
33. On the date fixed for the Terms of Reference, the Arbitral Tribunal may, with the consent of the parties, direct consolidation of two or more arbitral proceedings before it, if the disputes or differences therein are identical and between the same parties or between the parties having commonality of interest or where such disputes arise out of separate contracts but relate to the same transaction.

1. 7. Disclosures and Grounds of Challenge -
2. 7.1 When a person is approached in connection with his possible appointment as an Arbitrator,
   he shall disclose in writing any circumstances –
3. (a) such as the existence either direct or indirect, of any past or present relationship with or
   interest in any of the parties or in relation to the subject-matter in dispute, whether financial,
   business, professional or other kind, which is likely to give rise to justifiable doubts as to his
   independence or impartiality; and;
4. (b) which are likely to affect his ability to devote sufficient time to the arbitration and in
   particular his ability to complete the entire arbitration within the time stipulated under the Act.
5. Explanation 1 – The grounds stated in the Fifth Schedule to the Act shall guide in determining
   whether such circumstances exist which give rise to justifiable doubts as to the independence or
   impartiality of an Arbitrator.
6. Explanation 2 – The disclosure shall be made by such person in the form specified in the Sixth
   Schedule to the Act.
7. 7.2 An Arbitrator, from the time of his appointment and throughout the arbitral proceedings,
   shall, without delay, disclose to the parties in writing any circumstances referred to in Rule 7.1
   unless they have already been informed of them by him.
8. 7.3 An Arbitrator may be challenged only if –
9. (a) circumstances exist that give rise to justifiable doubts as to his independence or impartiality,
   or
10. (b) he does not possess the qualifications agreed to by the parties.
11. 7.4 A party may challenge an Arbitrator appointed by him, or in whose appointment he has
    participated, only for reasons of which he becomes aware after the appointment has been made.
12. 7.5 Notwithstanding any prior agreement to the contrary, any person whose relationship, with
    the parties or Counsel or the subject-matter of the dispute, falls under any of the categories
    specified in the Seventh Schedule to the Act shall be ineligible to be appointed as an Arbitrator.

    PROVIDED that parties may, subsequent to disputes having arisen between them, waive the
    applicability of Rule 7.5 by an express agreement in writing.

    PROVIDED FURTHER that Rule 7.5 shall not apply to cases where an Arbitrator has already been
    appointed on or before the commencement of the Arbitration and Conciliation (Amendment)
    Act, 2015.

13. 8. Appointment and Confirmation of Arbitrators -
14. 8.1 The parties to a dispute are free to determine the number of arbitrators, provided that such
    number shall not be an even number and in case there are only two parties to a dispute such
    number shall not exceed three. In case of more than two parties to a dispute, the number of
    arbitrators may be more than three, but in no case, it shall exceed five.
15. 8.2 Failing the determination referred to in Rule 8.1, the Arbitral Tribunal shall consist of a sole
    arbitrator.
16. 8.3 Where the agreement provides for the appointment of three arbitrators, the Claimant and
    Respondent shall appoint their individual arbitrators within thirty days of intimation of filing of
    the Request and the two arbitrators shall within 21 days, appoint the third arbitrator and such
    third arbitrator shall preside over the Arbitral Tribunal.
17. 8.4 Where the parties fail to appoint their respective Arbitrators or where the Arbitrators
    appointed by the Parties fail to appoint the Presiding Arbitrator, in terms of the Rule 8.3, then
    within 21 days thereof, the Chairperson/ Sub-Committee shall appoint the Arbitrator/ Presiding
    Arbitrator as the case may be.

    PROVIDED that in a case of International Arbitration the Presiding Arbitrator shall be of a
    nationality other than the nationalities of the parties where the parties belong to different
    nationalities.

18. 9. Appointment in case of Multiparty Arbitration -
19. 9.1 Where disputes arise amongst more than two parties out of a defined legal relationship or
    out of a series of interconnected contracts (including “chain” or “string” contracts), the parties
    may agree that the Arbitral Tribunal shall consist of three members, one to be nominated by each
    of the parties (supporting parties will be grouped together and treated as one party for the
    purpose of such nomination of the arbitrator) and the third arbitrator shall be appointed by the
    Chairperson and such third arbitrator shall Chair the Arbitral Tribunal.
20. 9.2 If the parties to a dispute are required to be grouped in three groups, each such group will
    nominate one arbitrator each and the three members of the Arbitral Tribunal shall nominate one
    out of themselves to Chair the Arbitral Tribunal. If the members fail to so nominate, the
    Chairperson shall nominate anyone of them to Chair the Arbitral Tribunal within fifteen days of
    the constitution of the Arbitral Tribunal.
21. 9.3 If the parties to a dispute are required to be grouped in four groups, each such group will
    nominate one arbitrator and the Chairperson will appoint an independent arbitrator from the
    panel who shall Chair the Arbitral Tribunal.
22. 9.4 If the parties to a dispute are required to be grouped in five groups, each such group will
    nominate one arbitrator each and the five members of the Arbitral Tribunal shall nominate one
    out of themselves to Chair the Arbitral Tribunal. If the members fail to so nominate, the
    Chairperson shall nominate anyone of them to Chair the Arbitral Tribunal within fifteen days of
    the constitution of the Arbitral Tribunal.
23. 9.5 All efforts shall be made to ensure that such grouping of parties shall not exceed five. In case
    the groups are more than five, the Chairperson shall adopt such procedure for the appointment
    of arbitrators as may be deemed appropriate, in view of the facts and circumstances of the case,
    but in no case shall the number of arbitrators comprising the Arbitral Tribunal exceed five.
24. 10. Challenge of Arbitrators -
25. 10.1 Any arbitrator may be challenged if circumstances exist that give rise to justifiable doubts
    as to the arbitrator’s impartiality or independence, or if the arbitrator does not possess any
    requisite qualification which the parties have previously agreed, or if the arbitrator becomes de
    jure or de facto unable to fulfil his functions or is not fulfilling those functions in accordance with
    the Rules or within the prescribed time limits.
26. 10.2 A party may challenge the arbitrator nominated by him only for reasons of which he
    becomes aware after the appointment has been made.
27. 10.3 Subject to Rule 8, a party who intends to challenge an arbitrator shall send a notice of
    challenge within 14 days after the receipt of the notice of appointment of the arbitrator who is
    being challenged or within 14 days after the circumstances mentioned in Rule [ 11.2 become ]
    known to that party.
28. 10.4 The notice of challenge shall be submitted to DIAC and simultaneously shall be sent to the
    other party, the Arbitrator(s) being challenged and the other members, if any, of the Tribunal.
    The notice of challenge shall be in writing and shall state the reasons for the challenge. The DIAC
    may request comments on the challenge from the parties, the challenged arbitrator and the
    other members of the Tribunal (or if the Tribunal has yet not been constituted, any appointed
    arbitrator) within a period of 10 days’ from the date of such request.
29. 10.5 The notice of challenge duly submitted as per Rule 10.1 shall be disposed of by the
    Chairperson/ Sub-committee within a period of 30 days from the date of receipt of notice in
    terms of the Rules.
    PROVIDED however, the time for deciding the challenge can in no circumstance exceed a further
    period of 30 days.
30. Explanation: Notice of Challenge shall not be acted upon and shall not be treated as received by
    DIAC unless the party submitting such notice deposits a sum of Rs.10,000/- towards processing
    costs which shall not be refundable under any circumstances. The time for making the Award, for
    the purposes of Section 29A of the Act, shall stand extended by the period spent between the
    date of receipt of the application for the challenge and its disposal by the Chairperson/ Subcommittee. This period shall be deemed to be an extension under Section 29A (3) of the Act.

31. 10.6 If the Chairperson or the Sub-Committee appointed by the Chairperson sustains the
    challenge, a substitute Arbitrator shall be appointed in accordance with the procedure referred
    to in Rule 11.2. The time limits provided in Rule 11 shall commence from the date of the
    Coordinator’s notification to the parties of the decision by the Chairperson or the Sub-Committee
    appointed by the Chairperson.
32. 10.7 The Chairperson/ Sub-Committee will have the discretion to impose such costs as may be
    deemed appropriate in the event that the challenge fails, which shall be recoverable from the
    party instituting the challenge.
33. 10.8 The Centre shall forthwith communicate to the parties whether the challenge has been
    sustained or overruled.
34. 11. Termination and Substitution –
35. 11.1 An arbitrator may be replaced on the grounds specified in Section 14 of the Act either on
    an application by the Party or otherwise if in the opinion of the Chairperson or the Sub-Committee appointed by the Chairperson is not fulfilling those functions in accordance with the
    Rules or within the prescribed time limits.
36. 11.2 In the event of death, resignation, withdrawal or removal of an arbitrator during the course
    of arbitral proceedings a substitute arbitrator shall be appointed in accordance with the
    procedure applicable to the appointment of the arbitrator.
37. 11.3 When, on the basis of information that has come to its attention, the Chairperson or the
    Sub-Committee appointed by the Chairperson considers applying Rule 11.1, it shall decide on the
    matter after the arbitrator concerned, the parties and any other members of the Tribunal have
    had an opportunity to comment in writing within a reasonable period of time. Such comments
    shall be communicated to the parties and to the Tribunal.
38. 11.4 The further proceedings before the reconstituted Tribunal shall commence from the stage
    at which they were prior to such reconstitution.

1. 12. FastTrack Arbitration –
2. 12.1 Notwithstanding anything contained hereinbefore, the parties may, mutually agree in writing, not later than 1 month of the constitution of the Tribunal, to adopt the fast track procedure for resolution of their disputes or differences.
3. 12.2 In adopting the fast track procedure the parties shall sign an undertaking in writing to the effect that they shall dispense with oral evidence.
4. 12.3 The Claimant shall submit documents in support along with the Request, in terms of Rule 4 of these Rules, to the Secretariat addressed to the Coordinator and supply a simultaneous copy to the other party.
5. 12.4 The other party shall, within thirty days of the receipt of the documents referred to in Rule 12.3, submit its Reply, to the Secretariat addressed to the Coordinator, together with documents in support of the Reply.
6. 12.5 The parties shall appoint a sole arbitrator from the DIAC Panel of Arbitrators in terms of Rule 9 of these Rules within a period of thirty days after the expiry of the date specified in Rule 12.4 and communicate the same to the Coordinator. If parties fail to reach an agreement, the Chairperson or the Sub-Committee appointed by the Chairperson shall make such appointment within one week after the expiry of said period of thirty days. The confirmation of the appointment of the Arbitrators after obtaining mandatory disclosure in terms of Sixth Schedule of the Act, as may be amended from time to time, shall be communicated to the parties and the Arbitrators.
7. 13. FastTrack Procedure –
8. 13.1 The Arbitral Tribunal shall follow the following procedure while conducting arbitration proceedings under the fast-track procedure:
9. (a) the Arbitral Tribunal shall decide the dispute on the basis of written pleadings, documents and submissions filed by the parties;
10. (b) the Arbitral Tribunal shall have the power to call for any further information or clarification from the parties in addition to the pleadings and documents filed by them;
11. (c) an oral hearing may be held only if all the parties make a request or if the Arbitral Tribunal considers it necessary to have an oral hearing for clarifying certain issues; if the Parties desire an oral hearing, such hearing would be limited to oral submissions within a specified time to be determined by the Arbitral Tribunal;
12. (d)the Arbitral Tribunal may adopt such procedure, not inconsistent with this Rule, as deemed appropriate for expeditious disposal of the case.
13. 13.2 The award under this Rule shall be made within a period of 6 months from the date the parties have agreed to adopt the Fast Track Procedure.
14. 13.3 If award is not made within 6 months, the mandate will terminate unless the extension has been granted by the Court.

1. 14. Emergency Arbitration –
2. 14.1 If a party is in a requirement of urgent interim or conservatory measures that cannot await
   the formation of the Arbitration Tribunal, it may make an application to the Secretariat addressed
   to the Coordinator, with a simultaneous copy thereof to the other parties to the arbitration
   agreement for such measures.
3. 14.2 The party making such an application shall:
4. (a) include a statement briefly describing the nature and circumstances of the relief sought and
   specific reasons why such relief is required on an emergency basis and the reasons why the party
   is entitled to such relief;
5. (b) pay the relevant application fee for the appointment of the Emergency Arbitrator, and
6. (c) file proof of service of such application upon the opposite parties.
7. 14.3 The Emergency Arbitrator’s fee shall be as prescribed in The Delhi International Arbitration
   Centre (Administrative Costs and Arbitrators’ Fees) Rules and the party invoking the provision of
   Emergency Arbitrator shall deposit such fees along with the Application.
8. 14.4 The Secretariat, with the consent of the Chairperson or the Sub-Committee appointed by
   the Chairperson shall appoint the Emergency Arbitrator within two days of making of such
   request (excluding non-business days).
9. 14.5 Prior to accepting his appointment, a prospective Emergency Arbitrator must disclose to the
   Coordinator any facts or circumstances which may give rise to justifiable doubts as to his
   impartiality or independence. Any challenge to the appointment of the Emergency Arbitrator
   must be made within one business day of the communication by the Coordinator to the parties
   of the appointment of the Emergency Arbitrator and the circumstances disclosed.
10. 14.6 An Emergency Arbitrator may not act as an arbitrator in any future arbitration relating to
    the dispute unless agreed by all the parties.
11. 14.7 The Emergency Arbitrator so appointed shall schedule a hearing including the filing of
    pleadings and documents by the parties within two business days of his appointment. The
    Emergency Arbitrator shall provide a reasonable opportunity of being heard to all the parties
    before granting any urgent, interim or conservatory measures and proceed to make an order by
    giving reasons. The parties shall comply with any order made by the Emergency Arbitrator.
12. 14.8 The Emergency Arbitrator shall have the power to order any interim relief that he deems
    necessary. An order of the Emergency Arbitrator shall be made in writing, with a brief statement
    of reasons. An order or award of an Emergency Arbitrator shall be enforceable in the manner as
    provided in the Act.
13. 14.9 The Emergency Arbitrator shall ensure that the entire process from the appointment of the
    Emergency Arbitrator to making the order shall be completed within seven (7) days.
14. 14.10 The Emergency Arbitrator shall become functus officio after the order is made and shall
    not be a part of the Arbitral Tribunal, which may be formed subsequently and in accordance with
    Rule 14 unless otherwise agreed to by all the parties.
15. 14.11 The order for urgent interim or conservatory measures passed by the Emergency Arbitrator
    shall not bind the Arbitral Tribunal on the merits of any issue or dispute that the said Tribunal
    may be required to determine.
16. 14.12 The order passed by the Emergency Arbitrator shall remain operative for a period of two
    months from the date of passing of the order unless modified, substituted or vacated by the
    Arbitral Tribunal. The Arbitral Tribunal will also have the power to extend the order beyond the
    period of two months.
17. 14.13 Any order of the Emergency Arbitrator 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.
18. 15. Interim Relief –
19. 15.1 A party may, during the arbitral proceedings apply to the Arbitral Tribunal for an interim
    measure of protection in respect of the subject matter of the dispute as it may consider
    necessary, including -
20. (i) for the appointment of a guardian for a minor or person of unsound mind for the purposes
    of arbitral proceedings; or
21. (ii) for an interim measure of protection in respect of any of the following matters namely: -
22. (a) the preservation, interim custody or sale of any goods which are the subject matter of the
    arbitration agreement;
23. (b) securing the amount in dispute in the arbitration;
24. (c) the detention, preservation or inspection of any property or thing which is the subject matter of the dispute in arbitration, or as to which any question may arise therein and authorizing
    for any of the aforesaid purposes any person to enter upon any land or building in the possession
    of any party or authorizing any samples to be taken, or any observation to be made, or
    experiment to be tried, which may be necessary or expedient for the purpose of obtaining full
    information or evidence;
25. (d) interim injunction or the appointment of a receiver;
26. (e) such other interim measures of protection as may appear to the arbitral tribunal to be just
    and convenient and the arbitral tribunal shall have the same power for making orders, as the
    Court has for the purpose of, and in relation to, any proceedings before it.
27. 15.2 The Arbitral Tribunal may modify, suspend or terminate an interim measure granted by it,
    upon an application by a party if the circumstances so warrant.

1. 16. Statement of Claim –
2. 16.1 Unless already submitted pursuant to Rule 4.3, the Claimant shall, within a period of time
   to be determined by the Tribunal or the Centre as the case may be, at the first procedural meeting
   held pursuant to Rule 21.2, send to the Respondent and the Tribunal a Statement of Claim setting
   out in full detail:
3. (a) Name, description, contact details, email ids, telephone numbers and correspondence
   address of Claimant(s) and Respondent(s);
4. (b) Description of the nature and circumstance of the dispute giving rise to the claim(s);
5. (c) Statement of the relief sought along with amount(s) claimed;
6. (d) Relevant agreements and, in particular, a copy of written arbitration clause or written
   arbitration agreement;
7. (e) all supporting and relevant documents will be filed as attested true copies of the originals,
   with adequate sets/copies to be supplied to the Parties and an additional set for the Centre;
8. (f) issues to be adjudicated;
9. (g) all relevant particulars concerning the arbitrators, their number, qualifications, if any
   prescribed in the arbitration on which parties have already agreed in writing;
10. (h) statements as to the applicable rules of law, if any, and the language of the arbitration;
11. (i) Order of Court, if any, passed in proceedings referred to in Rule 1.2 of these Rules, along
    with the signed joint memorandum (if any signed);
12. (j) a statement as to whether any order under Section 9 of the Act, has been passed and if so,
    whether the request for arbitration is being made within the period provided under sub-section
    2 of Section 9 of the Act. A copy of the interim order passed shall also be enclosed;
13. (k) final Terms of reference in furtherance of provisional terms under Rule 4;
14. (l) Value of each of the relief sought along with a self-declaration in prescribed form, stating the
    aggregate amount of claims, quantification of Arbitrator’s fee as based on their valuation, date
    of deposit of their share of fee.
15. Explanation: For the purpose of this Rule, the provisions of Rule 3 shall apply mutatis mutandis.
16. 16.2 If the Claimant fails within the time specified to submit its Statement of Claim, the Tribunal
    may issue an order for the termination of the arbitral proceedings qua such claims impose such
    costs as it may deem appropriate or give such other directions as may be appropriate.
17. 17. Statement of Defence, Plea of Set Off and Counter-claim –
18. 17.1 Unless otherwise agreed, within 30 days from the date of the receipt of the Statement of
    Claim and the documents, the Respondent(s) shall file Statement of Defence. The plea of Set-Off
    and/or Counter-Claim, if any, shall be filed along with the Statement of Defence. Notwithstanding
    Rule 17.1, the Statement of Defence and/or Set Off/Counter-Claim may be entertained if the
    Arbitral Tribunal or the Centre, as the case may be, having regard to the facts and circumstances
    grant further extension, not exceeding 30 days, upon such terms including costs, as it may deem
    fit and proper.
19. PROVIDED however, the party seeking such extension of time will necessarily file the Statement
    of Defence and/or Set Off/Counter-Claim before the expiry of the further period of 30 days and
    which shall be taken on record subject to the decision of the Arbitral Tribunal or Centre, as the
    case may be.
20. 17.2 The failure to adhere to the time limit under Rule 17.1 or the extended time limit under
    Rule 17.2 shall result in foreclosure of the right of the Respondent to file Statement of Defence,
    a plea of Set-Off and/or counter-claim.
21. 17.3 The copy of the Statement of Defence, plea of Set-Off and/or Counter-Claim and the
    documents annexed thereto, shall be sent to the Claimant in advance and proof of service thereof
    shall accompany the original Statement of Defence, plea of Set-Off and/or Counter-Claim
    submitted to the Centre.
22. 17.4 The Claimant shall file the reply to the Counter Claim and the provisions of sub-rule 1 to 4
    to this rule shall apply mutatis mutandis. Failure of the Claimant to file his Reply to the Counter-Claim within the time stipulated or the extended time shall constitute a waiver of the Claimant’s
    opportunity to file the Reply
23. Explanation: For the purpose of this Rule, the provisions of Rule 3 shall apply mutatis mutandis.
24. 18. Amendments to the Statement of Claim or Defence –
25. 18.1 With the leave of the Tribunal and on such terms as the Tribunal may determine, a party
    may amend or supplement its Claim, Counter-Claim or other pleadings, unless the Tribunal
    considers it inappropriate, having regard to the delay in making such requestor prejudice to the
    other party or any other circumstances. However, a Claim or Counter-Claim or pleadings may not
    be amended or supplemented in such a manner that the amended or supplemented Claim or
    Counter-Claim or pleadings would, if permitted, fall outside the scope of the arbitration
    agreement.
26. 18.2 The Coordinator may adjust the Tribunal’s fees and the DIAC’s fees (where appropriate) if
    a party is permitted to amend or supplement its Claim, Counter-Claim or pleadings.
27. 19. Further Pleadings -
28. 19.1 All statements, documents or other information supplied to the Tribunal and the
    Coordinator by one party shall simultaneously be supplied to the other party.
29. 19.2 The Tribunal shall decide whether further pleadings shall be required from the parties or
    may be presented by them. The Tribunal shall fix the periods of time for communicating such
    pleadings if any. The Tribunal may further limit the length and scope of written pleadings and
    written and oral evidence (both fact witnesses and experts).
30. 19.3 The Tribunal may at any time during the proceedings, if it considers it appropriate, require
    the parties, in consultation with the Tribunal, to prepare an agreed list of issues to be determined
    by the Tribunal.

1. 20.Jurisdiction-
2. 20.1 Any objection by a party to the existence or, to the competence of the DIAC to administer an arbitration, before the Tribunal is appointed, shall be placed in the first instance before the Chairperson or the Sub-Committee appointed by the Chairperson for that purpose.
3. 20.2 If the Chairperson or the Sub-Committee appointed by the Chairperson sustains the objection, the proceedings shall be terminated. In all other cases, the Tribunal shall decide such objection in accordance with Section 16 of the Act.
4. 21. Conduct of Proceedings
5. 21.1 The Tribunal may conduct the arbitration in such manner as it considers appropriate to ensure the avoidance of unnecessary delay and expense, having regard to the complexity of the issues involved and the amount in dispute.
6. PROVIDED that such procedures ensure fair and equal treatment of the parties and afford them a reasonable opportunity to present their case.
7. 21.2 The Tribunal shall, soon after it is appointed, discuss with the parties and determine such procedure, including the procedural timetable, as will be most appropriate and expeditious.
8. 21.3 To ensure continued effective case management, the Tribunal, after consulting the parties, may adopt further procedural measures or modify the procedural timetable from time to time.
9. 21.4 The Tribunal may decide that for the purposes of Rules 21.2 and 21.3, any one member of the Tribunal will decide the procedure, including the procedural timetable.
10. 21.5 The Tribunal may proceed with the arbitration notwithstanding the failure or refusal of any party to comply with these Rules or with the Tribunal’s orders or directions, or to attend any meetings or hearings, and may:-
11. (a) admonish the Party Representative;
12. (b) draw appropriate inferences in assessing the evidence relied upon, or the legal arguments advanced by the Party Representative;
13. (c) consider the Party Representative’s misconduct in apportioning the costs of the arbitration, indicating, if appropriate, how and in what amount the Party Representative’s misconduct leads the Tribunal to a different apportionment of costs;
14. (d) take any other appropriate measures in order to preserve the fairness and integrity of the proceedings.
15. 21.6 Application for adjournment –
16. (1) Any party seeking adjournment or change in the timetable fixed for the arbitration proceedings shall file a written request, supported by sufficient and cogent reasons and necessary documents, if any, at least 30 days prior to the date for which such adjournment is sought along with costs by way of Demand Draft in the name of Delhi International Arbitration Centre for a sum of Rs. 25,000/-. The Arbitral Tribunal may accede to such request after recording its reasons in writing.
17. (2) If a request for adjournment could not be made at least thirty days prior to the date for which it is sought, then the same may be entertained only if it is made in writing and supported by sufficient and cogent reasons and necessary documents, subject to payment of costs as given below:

1. PROVIDED, that no request for adjournment shall be entertained ten days before the scheduled date unless supported by special or exceptional reasons or in cases of emergency. The percentage of additional costs may be decided by the Arbitral Tribunal in such cases, including the power to exempt the imposition of additional costs, original costs to remain unaffected. In all such cases, the Tribunal shall record special reasons in writing.
2. (3) The Tribunal may, for reasons to be recorded in writing, exempt a party from depositing costs for seeking an adjournment or may reduce the amount of costs.
3. (4) For removal of doubts, it is clarified that the Arbitral Tribunal may, in addition to the above costs payable to the Centre, determine costs, if any, payable by the party seeking an adjournment to the opposite party (ies).
4. 22. Language -
5. 22.1 The language of the arbitration proceedings shall be English.
6. 22.2 If a document is in a language other than English, the Tribunal, or if the Tribunal has not been established, the Coordinator may order that party to submit a translation in a form to be determined by the Tribunal or the Coordinator.
7. 23. Seat and Venue-
8. 23.1 The parties may agree on the seat of arbitration. Failing such an agreement, the seat of arbitration shall be New Delhi.
9. 23.2 The Tribunal may in consultation with the parties hold hearings, meetings and deliberations by any means and at any venue, it considers expedient or appropriate.
10. 24. Applicable Law -
11. 24.1 The Tribunal shall, for deciding the merits of the dispute, apply the law and/or rules agreed upon by the parties. Failing such agreement between the parties, the Tribunal shall decide the dispute on merits by applying the law with which the dispute has the closest connection.
12. 24.2 The law governing the arbitration agreement shall be the Act. The Rules governing the arbitration proceedings shall be the present Rules.
13. 24.3 The Tribunal shall decide as amiable compositeur or ex aequo et bono only if the parties have expressly authorised the Tribunal to do so.
14. 24.4 In all cases, the Tribunal shall decide in accordance with the terms of the contract, if any, and shall take into account any trade usages applicable to the transaction to the extent that the Tribunal considers it relevant to the arbitration.
15. 25. Evidence –
16. 25.1 Ordinarily, the burden of proving the facts relied on to support its Claim, Counter-Claim or Defence, shall be on the concerned party.
17. 25.2 The Tribunal shall, while determining the admissibility, relevance, materiality and weight of any evidence, not be bound by the Indian Evidence Act, 1872 or the Code of Civil Procedure, 1908 or by any strict rules of evidence.
18. 25.3 Witnesses, including expert witnesses, who are presented by the parties to testify to the Tribunal on any issue of fact or expertise, may be an individual, notwithstanding that the individual is a party to the arbitration or in any way related to a party. Unless otherwise directed by the Tribunal, statements by witnesses, including expert witnesses, may be presented in writing and signed by them.
19. 25.4 At any time during the arbitral proceedings, the Tribunal may require the parties to produce documents, exhibits or other evidence within such period of time as the Tribunal shall determine. The Tribunal may also, in consultation with the parties, undertake a site visit.
20. 25.5 In addition, the Tribunal shall have the power to:
21. (a) conduct such enquiries as may appear to be necessary or expedient;
22. (b) order the parties to make any property or item available for inspection; and
23. (c) order any party to produce to the Tribunal and to the other parties for inspection and to supply copies of, any document in their possession, custody or control which the Tribunal considers relevant to the case and material to its outcome.
24. 26. Hearings –
26. 26.1 Unless the parties have agreed on a documents-only arbitration or as provided in these Rules, the Tribunal shall, if either party so requests or the Tribunal so decides, hold a hearing on the merits of the dispute, including, without limitation, any issue as to jurisdiction.
27. 26.2 The Tribunal may, in advance of any hearing, submit to the parties a list of questions which it wishes them to answer.
28. 26.3 The Tribunal shall fix the date, time and place of any meeting or hearing and shall give the parties reasonable advance notice.
29. 26.4 If any party to the proceedings, without sufficient cause, fails to appear at a hearing, the Tribunal may proceed with the arbitration and may make the Award.
30. 26.5 Unless the parties agree otherwise, all meetings and hearings shall be held in private, and any recordings, transcripts, documents or other materials used shall remain confidential.
31. 26.6 The Tribunal may at the request of the parties, make appropriate orders binding the parties on the terms of disclosure of documents considered to be sensitive, given the nature of the dispute.
32. 27. Witnesses –
33. 27.1 Before a hearing, the Tribunal may require any party to give a list of witnesses, including expert witnesses, whom it intends to produce, the subject matter of their testimony and its relevance to the issues.
34. 27.2 The Tribunal has the discretion to allow, refuse or limit the number of witnesses intended to be produced by a party. The Tribunal shall also have the discretion to restrict the time to be allocated for the oral testimony of a witness.
35. 27.3 The Tribunal is free to determine the manner in which witnesses are to be examined, and may direct that the testimony of any witness be presented in written form.
36. 28. Joinder of Parties –
37. 28.1 A party wishing to join an additional party to the arbitration shall submit its written request for arbitration against the additional party (the “Request for Joinder”) to the Coordinator. The date on which the Request for Joinder is received by the Coordinator shall, for all purposes, except the time for making the award, be deemed to be the date of the commencement of arbitration against the additional party. No additional party may be joined after the confirmation or appointment of any arbitrator, unless all parties, including the additional party, otherwise agree in writing.
38. 28.2 The Request for Joinder shall contain the following information:
39. (a) the case reference of the existing arbitration;
40. (b) the name in full, description, address, including e-mail address, and other contact details of each of the parties, including the additional party;
41. (c) a description of the nature and circumstances of the dispute giving rise to the claims and of the basis upon which the claims are made;
42. (d) a statement of the relief sought, together with the amounts of any quantified claims and, to the extent possible, an estimate of the monetary value of any other claims;
43. (e) any relevant agreements and, in particular, the arbitration agreement(s);
44. (f) where claims are made under more than one arbitration agreement, an indication of the arbitration agreement under which each claim is made;
45. (g) such other documents or information as the party filing the Request for Joinder considers appropriate or as may contribute to the efficient resolution of the dispute.
46. 28.3 All parties to the arbitration agreement shall be required to give written consent to the joinder of parties in addition to the written consent of the party to be impleaded and payment of proportionate administrative costs and fees of the Tribunal.
47. 28.4 The rule shall apply mutatis mutandis to the Statement of Claim/plea of Set-Off and/or Counter-Claim submitted by the additional party.
48. PROVIDED that no such reply, Set-Off or Counter-Claim shall be permitted to be filed after the expiry of 30 days from the date of impleadment/ joinder.
49. 29. Reference to Med-Arb. –
50. 29.1 Parties to an arbitration agreement may, at any time before the commencement of the arbitration proceedings or while the arbitration proceedings are in progress, opt for mediation, and request the arbitral tribunal to put the arbitration proceedings on hold to enable the parties to resolve their disputes amicably.
51. 29.2 The parties should convey their request to the Arbitral Tribunal, or if the Arbitral Tribunal is not in session, to the Coordinator.
52. 29.3 The arbitral tribunal shall accept the request of the parties and keep in abeyance the arbitration proceedings, relegating the parties to Med-Arb.
53. 29.4 The Mediators on the panel of the Delhi High Court Mediation Centre shall be deemed to be the mediators for the purpose of the reference to Med-Arb. The parties shall have the liberty to appoint the mediator of their choice and proceed with the mediation proceedings expeditiously.
54. 29.5 The mediation proceedings shall be conducted in accordance with the mediation rules of the Delhi High Court Mediation Centre, which shall be deemed to have been incorporated herein and as an integral part of these rules. The proceedings before the mediators shall remain confidential and shall not be brought on record in the arbitration proceedings, should the mediation fail.
55. 29.6 If the parties settle the dispute through Mediation, the settlement agreement executed between the parties shall be forwarded to the Arbitral Tribunal, which shall, on receipt of the settlement agreement, proceed in accordance with Rule 30.
56. 30. Settlement of dispute –
57. 30.1 The Tribunal may encourage settlement of the dispute with the agreement of the parties.
58. 30.2 If during the arbitration proceedings, the parties settle the dispute, the Tribunal shall terminate the proceedings and, if requested by the parties and not objected to by the Tribunal, record the settlement in the form of an Arbitral Award on agreed terms.
59. 30.3 Such Arbitral Award as passed to record settlement between the parties should contain an express statement on its face that it is an award made at the parties' joint request and with their consent.

1. 31.Orders of the Tribunal–
2. 31.1 In addition to the powers specified in these Rules, and not in derogation of the mandatory rules of law applicable to the arbitration, the Tribunal shall have the power to:
3. (a) order the preservation, storage, sale or disposal of any property or item which is or forms part of the subject matter of the dispute;
4. (b) issue an award for unpaid deposits towards the costs of the arbitration where a party to the arbitration has paid the non-paying party’s share of the deposits on behalf of the non-paying party;
5. (c) direct any party -
6. (i) to ensure that the assets of such party are not encumbered, alienated or dissipated in any manner so as to frustrate the Award;
7. (ii) to provide security for legal or other costs in any manner the Tribunal thinks fit;
8. (iii) to provide security for all or part of any amount in dispute in the arbitration.
9. 32. Arbitral Award –
10. 32.1 At the request of any one of the parties and subject to the statutory timeline for completion of proceedings, the Tribunal may submit a draft award to the Coordinator for the scrutiny by the Committee constituted for that purpose. In such event, the Coordinator will, on the advice of such Committee suggest modifications to the draft award without in any manner interfering with the decision of the Tribunal. The suggestions will be communicated not later than 10 days after the receipt of the draft award failing which the Arbitrator will proceed to pronounce the final award without waiting for the suggestions. The Tribunal is at liberty to make such changes as it deems fit to the draft award.
11. 32.2 The Tribunal may make separate Awards on different issues at different times.
12. 32.3 In the event of a settlement, if the parties so request, the Tribunal may render a consent award recording the settlement, provided always that such Award contains an express statement that it is an Award made by the parties’ consent. A consent award need not contain reasons. If the parties do not require a consent award, the parties shall confirm to the Coordinator that a settlement has been reached. The Tribunal shall be discharged and the arbitration concluded upon payment of any outstanding costs of the arbitration.
13. 32.4 The DIAC may publish any Award after redacting the names of the parties and other identifying information.

1. 33. Costs of the Arbitration -
2. 33.1 The Tribunal’s fees and the DIAC’s fees shall be fixed in accordance with the DIAC Fees Rules ordinarily not later than 30 days from the Statement of Claims or Counter-Claims.
3. 33.2 At the first procedural hearing, the Tribunal will determine the terms (other than the fees) which are required to be complied with by the parties.
4. 33.3 The Tribunal shall specify in the Award the total amount of the costs of the arbitration. Unless the parties have agreed otherwise, the Tribunal shall determine in the award the apportionment of the costs of the arbitration among the parties.
5. 33.4 Regime for costs-
6. (A) In relation to any arbitration proceeding or a proceeding under any of the provisions of these Rules pertaining to the arbitration, the Centre or Arbitral Tribunal, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), shall have the discretion to determine—
7. (a) whether costs are payable by one party to another;
8. (b) the amount of such costs; and
9. (c) when such costs are to be paid.
10. Explanation—For the purpose of this Rule, “costs” means reasonable costs relating to—
11. (i) the fees and expenses of the arbitrators, Centre and witnesses;
12. (ii) legal fees and expenses;
13. (iii) any administration fees of the institution supervising the arbitration; and
14. (iv) any other expenses incurred in connection with the arbitral or Court proceedings and the arbitral award.
15. (B) If the Centre or Arbitral Tribunal decides to make an order as to payment of costs—
16. (a) the general rule is that the unsuccessful party shall be ordered to pay the costs of the successful party; or
17. (b) the Centre or Arbitral Tribunal may make a different order for reasons to be recorded in writing.
18. (C) In determining the costs, the Centre or Arbitral Tribunal shall have regard to all the circumstances, including—
19. (a) the conduct of all the parties;
20. (b) whether a party has succeeded partly in the case;
21. (c) whether the party had made a frivolous Counter-Claim leading to delay in the disposal of the arbitral proceedings; and
22. (d) whether any reasonable offer to settle the dispute is made by a party and refused by the other party.
23. (D) The Centre or Arbitral Tribunal may make an order under this section including the order that a party shall pay—
24. (a) a proportion of another party’s costs;
25. (b) a stated amount in respect of another party’s costs;
26. (c) costs from or until a certain date only;
27. (d) costs incurred before proceedings have begun;
28. (e) costs relating to particular steps taken in the proceedings;
29. (f) costs relating only to a distinct part of the proceedings; and
30. (g) interest on costs from or until a certain date.
31. (E) An agreement which has the effect that a party is to pay the whole or part of the costs of the arbitration, in any event, shall be only valid if such agreement is made after the dispute in question has arisen.
32. 33.5 In making decisions as to costs, the Tribunal may 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.
33. 34. Advance on Costs –
34. 34.1 The Coordinator shall fix the amount of deposits for costs of the arbitration. Unless the Coordinator 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 Coordinator may fix separate advances on costs for Claims and Counter-Claims, respectively.
35. 34.2 Where the amount of the Claim or the Counter-Claim is not quantifiable at the time payment is due, a provisional estimate of the costs of the arbitration shall be made by the Coordinator. Such estimate may be based on the nature of the controversy and the circumstances of the case. This may be adjusted in light of such information as may subsequently become available.
36. 34.3 The Coordinator may from time to time direct parties to make further advances towards costs of the arbitration incurred or to be incurred on behalf of, or for the benefit of the parties.
37. 34.4 If a party fails to make the deposits as directed within 30 days from the date on which it is due, the Coordinator may, after consulting with the Chairperson or the Sub-Committee appointed by the Chairperson and the parties, direct the Tribunal to terminate the work. If the payment is not made within 30 days, the relevant Claims or Counter-Claims shall be considered as withdrawn without prejudice to the party reintroducing the same Claims or Counter-Claims in another proceeding.
38. 34.5 Parties are jointly and severally liable for the costs of the arbitration. Any party is free to pay the whole of the deposits for costs of the arbitration in respect of the claim or the Counter-Claim should the other party fail to pay its share. The Tribunal or the Coordinator may suspend its work, in whole or in part, should the advances or deposits directed under this Rule remain either wholly or in part unpaid. On the application of a party, the Tribunal may issue an Award for unpaid deposits towards the costs of the arbitration pursuant to Rule 33.4(D).
39. 34.6 If the arbitration is settled or disposed of without a hearing or in terms of Rule 30.2, the costs of arbitration shall be finally determined by the Coordinator. The Coordinator shall have regard to all the circumstances of the case, including the stage of proceedings at which the arbitration is settled or disposed or terminated under Rule 30.2. In the event that the costs of arbitration determined are less than the deposits made, there shall be a refund in such proportions as the Chairperson or the Sub-Committee appointed by the Chairperson may decide, in the same proportion as the deposits were made.
40. 34.7 All deposits shall be made to and held by the DIAC. Any interest which may accrue on such deposits shall be retained by the DIAC.
41. 34.8 The Centre shall have a lien on the Arbitral Award for any unpaid costs of the Arbitration including adjournment cost, miscellaneous expenses and the fees of the Arbitrator and the Award will not be notified to the parties unless all such costs have been fully paid to the Centre by the parties or by one of them.

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 of India attached to the Delhi High Court;

(c) President or Vice-President of the Delhi High Court Bar Association; and

(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 Advocates.

(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.

4. Powers and Functions 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 DIAC Counsel;

(3) To recommend revision/amendment in the Delhi International Arbitration Centre (Internal Management) Rules, the Delhi International Arbitration Centre ( Arbitration Proceedings ) Rules and the Delhi
International Arbitration Centre ( 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 of Arbitrators 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; or

(d) for any other reason deemed appropriate by the Committee.

(7) Exercise all such powers 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 deal 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.

7. DIAC Counsel –

On the recommendation of the Arbitration Committee, the Chief Justice shall appoint:

(1) A Chief Counsel who shall be an Advocate with atleast 10 years of standing and preferably experienced in the field of arbitration. The Chief Counsel shall provide assistance and advice to the Secretariat from time to time and shall oversee the compliance and the functioning of the Counsel on such terms and remuneration as the Chief Justice may determine on the recommendation of the Arbitration Committee.

(2) Two or more Counsel and Deputy Counsel, who shall be advocates, with preferably 5 years and 3 years post qualification experience respectively and preferably experience in the field of arbitration for such tenure and on such terms and remuneration as the Chief Justice may determine on the recommendation of the Arbitration Committee.

(3) At any time on the recommendation of the Arbitration Committee, the Chief Justice shall have the power to terminate the tenure of any of the DIAC Counsel without assigning any reason.

8. Duties and Responsibilities of the DIAC Counsel –

The duties and responsibilities s of the DIAC Counsel shall be as under:

(a) To process the records pertaining to each Request for arbitration, received by the Centre, and recommend to the Coordinator to initiate action in accordance with the rules of the Centre.

(b) Call upon the parties through the Coordinator to file their Statement(s) of claim, Replies thereto, Counter-claim(s) etc.

(c) Compile all documents received pursuant to filing of a Request and divide them into separate volumes, forward a copy to each member of the Arbitral Tribunal and maintain a copy for the record of the Centre in accordance with Rule 7 of the Delhi International Arbitration Centre (Arbitration Proceedings) Rules.

(d) Call upon the parties through the Coordinator to deposit the assessed miscellaneous expenses of the Centre and the fees for the arbitrator(s).

(e) Render assistance by way of legal research, if called upon or requested to by the Arbitral Tribunal.

(f) Assess the costs to be awarded by the Arbitral Tribunal in all arbitration proceedings.

(g) Ensure proper docket management and upkeep of the record of the DIAC.

(h) Report to all communications by the Parties and/ or the Arbitrator in consultation with the Coordinator/ Additional Coordinator and ensure time compliance.

(i) Apprise the Arbitrator about the status of the fee/ charge deposited, pursue deposit of deficient amounts if any, report non-compliance of order of the Arbitrator or the Coordinator and to secure such orders as may be necessary.

9. Law Researchers –

(1) On the recommendation of the Arbitration Committee the Chief Justice shall appoint Law Researchers for such tenure and on such remuneration as may be determined.

(2) The Law Researches shall inter alia assist in :

(a) research for DIAC Publications;

(b) maintaining statistical data of DIAC; and;

(c) providing assistance to the Arbitration Committee or any sub-committee appointed under the DIAC (Proceedings) Rules.

(3) At any time on the recommendation of the Arbitration Committee, the Chief Justice shall have the power to terminate the tenure of any of the Law Researchers without assigning any reason.

10. Panel 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.

Schedule A
Administrative Costs
Domestic Arbitration

As may be determined by the Chairperson of Arbitration Committee from time to time.

International Arbitration

Note:  Air fare and cost of stay in hotel of the member(s) of the Arbitral Tribunal are excluded, which are to be equally borne by the parties.

Emergency Arbitration

Fixed Fee                                                                                Rs. 5,00,000/-

Note:  Air fare and cost of stay in hotel of the member(s) of the Arbitral Tribunal are excluded, which are to be equally borne by the parties.

In addition to the foregoing, the parties shall be required to pay a sum of Rs.3,5OO/- per day for use of facilities of the DIAC on the days the Arbitral Tribunal holds its sittings.

SCHEDULE B
Arbitrator’s Fees

*The Fee schedule indicates the fee payable to each Arbitrator comprising the Tribunal and applicable w.e.f. 01.12.2022.

In the event, the Arbitral Tribunal is a Sole Arbitrator, he shall be entitled to an additional amount of twenty-five per cent of the fee payable as per the table set out above.

SCHEDULE 'C' - Arbitrator’s fees in Summary Arbitration

Sum in dispute (in Rs.)       Fees

Upto Rs. 10,00,000/-           Rs. 25,000/-

Above Rs. 10,00,000/-         As per Schedule B

*Sums in dispute mentioned in the Schedule B and C above shall include any Counter -Claim made by a party.

Note:  Fee in respect of Claims/Counter-Claims either wholly or partially monetary value whereof cannot be ascertained will be fixed by the Chairperson, having regard to, effective and substantial relief sought, and complexity of the subject matter.

SCHEDULE 'D' - Arbitrators’ Fees in International Commercial Arbitration

* Conversion rate as on date of deposit shall be applicable.

* Deposit in INR only

Note:  Fee in respect of Claims/Counter-Claims either wholly or partially, monetary value whereof cannot be ascertained will be fixed by the Chairperson, having regard to, effective and substantial relief sought, and complexity of the subject matter

SCHEDULE 'E' - Arbitrator's Fee in Emergency Arbitration

Fixed Fee   15% of the fees payable to the Arbitrator in accordance with the fee structure in Schedule B or D as the case may be.