- 1. Application and Interpretation
- 1.1 These rules may be called the Delhi International Arbitration Centre (Arbitration Proceedings) Rules, 2023.
- 1.2 Where parties have agreed to refer their disputes to the DIAC for arbitration (whether before or after a dispute has arisen), or where the Court directs that arbitration be conducted between the parties in accordance with these Rules, or where a reference to arbitration is made to DIAC in accordance with law, the parties shall be deemed to have agreed that the arbitration shall be conducted and administered in accordance with these Rules, as amended from time to time.
- 1.3 If any of these Rules are in conflict with a mandatory provision of law, such law shall prevail.
- 1.4 These Rules shall come into force with effect from such date as may be approved by the Chief Justice, High Court of Delhi.
- 2. Definitions
- 2.1 In these Rules-
- (a) “Act” means the Arbitration and Conciliation Act, 1996 as amended from time to time or the re-enactment thereof.
- (b) “Arbitral Award” includes an interim, partial and final award.
- (c) “Arbitral Tribunal” or “Tribunal” means a Sole Arbitrator or a Panel of Arbitrators, and includes an Emergency Arbitrator.
- (d) “Arbitration Committee” means the Committee constituted under Rule 3 of the Delhi International Arbitration Centre (Internal Management) Rules, 2012, as amended from time to time.
- (e) “Centre” or “DIAC” means the Delhi International Arbitration Centre, High Court of Delhi.
- (f) “Chairperson” means Chairperson nominated by the Chief Justice of the Delhi High Court under Rule 3 of the Delhi International Arbitration Centre (Internal Management) Rules, 2012.
- (g) “Claimant”, notwithstanding any nomenclature given to the parties in any Court proceeding between them, means the party which files the Statement of Claim first in point of time. The other party(ies) shall be referred to as “Respondent(s)”. The party filing Counter- Claim(s) shall be referred as “Counter-Claimant”.
- (h) “Coordinator” means the Coordinator appointed under Rule 5 of the Delhi International Arbitration Centre (Internal Management) Rules, 2012.
- (i) “DIAC Panel of Arbitrators” or “Panel” means the Panel of Arbitrators prepared by the Arbitration Committee in accordance with Rule 10 of the Delhi International Arbitration Centre (Internal Management) Rules, 2012, as amended from time to time.
- (j) “Party(ies)” mean(s) the Claimant(s) and Respondent(s) in a dispute referred to arbitration in accordance with these Rules and shall include legal representative(s) and as the case may be, the successor-in-interest of such party.
- (k) “Request” means a written request filed by a party in terms of Rule 4.
- (l) “Rules” mean the Delhi International Arbitration Centre (Arbitration Proceedings) Rules, 2023 as amended from time to time.
- (m) “Sub-Committee(s)” means Sub-Committee(s) as may be appointed by the Chairperson from amongst the Members of the Arbitration Committee.
- (n) “Vice-Chairperson” means the Vice-Chairperson nominated by the Chief Justice of the Delhi High Court under Rule 3 of the Delhi International Arbitration Centre (Internal Management) Rules, 2012.
- 2.2 The words and phrases not defined herein shall have the same meaning as used or defined in the Act, the Delhi International Arbitration Centre (Internal Management) Rules, 2012 or the Delhi International Arbitration Centre (Administrative Costs and Arbitrators’ Fees) Rules, 2018 and Schedules appended thereto, as the case may be.
- 3. Written Communications and the Calculation of Periods of Time
- 3.1 For the purposes of these Rules, any notice, communication or proposal shall be in writing. Any such Written Communication may be delivered personally or by registered post or courier service, or transmitted by any form of electronic communication (including electronic mail and facsimile), or delivered by any other means that provides a record of its transmission or in any other manner as may be decided by DIAC or the Arbitral Tribunal, as the case may be. It shall be deemed to have been received if it is delivered to-
- (a) the addressee personally; or
- (b) the addressee’s habitual residence, place of business, email or address as specified in the agreement.
- 3.2 If none of the places referred to in Rule 3.1 above can be found after making a reasonable inquiry, the Written Communication shall be deemed to have been received if it is sent to the addressee’s last known place of business, habitual residence or mailing address by registered post or by way of an email or by any other means, which provides a record of attempted delivery.
- 3.3 In the case of electronic communication, it shall be deemed to have been delivered when transmitted, with reference to the recipient’s time zone.
- 3.4 For the purposes of calculating period oftime in respect of Written Communications under these Rules, such period shall begin to run on the day following the day under these Rules, such period shall begin to run on the day following the day when a Written Communication or proposal is received or deemed to have been delivered. When the day next following such date is a non-business day at the place of receipt, the time period commences on the first following business day. If the last day of such period is a non-business day at the place of receipt, the period is extended until the first business day which follows. Non-business days occurring during the running of the period of time are included in calculating the period.
- 3.5 After the constitution ofthe Arbitral Tribunal, where any party delivers any Written Communication to the Arbitral Tribunal, it shall simultaneously deliver a copy to all other parties and DIAC, with written intimation to the Arbitral Tribunal.
- 3.6 No such Written Communication shall be taken on record in the arbitral proceedings unless the concerned party has complied with Rule 3.5.
