Arbitration Rules

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1. Definitions

1.1. ‘Act’ refers to the Arbitration and Conciliation Act, 1996.

1.2. ‘Arbitral Award’ refers to the award passed by an arbitral tribunal and includes interim award

1.3. ‘Court’ refers to court as defined by the Act

1.4. ‘Date of reference’ means the date on which the arbitrators have received intimation of their appointment to the tribunal

1.5. ‘List’ refers to the list of Arbitrators empanelled as arbitrators with JustAct

1.6. ‘Rules’ refers to the JustAct Arbitration Rules and any amendments made to the said rules from time to time.

1.7. ‘Party’ means a Party which includes any individual, firm, company, government, governmental agency and any other organization including its representatives, agents, power agents or attorney(s) appointed by them and authorised to file a claim and/ or depose before the arbitral panel for the specific dispute in reference.

1.8. ‘Tribunal’ refers to a sole arbitrator or a panel of arbitrators appointed to arbitrate over a dispute. Any singular noun shall be understood to refer to the plural where appropriate. Any pronoun shall be understood as gender neutral

2. Applicability of rules

2.1. Rules of JustAct Arbitration will apply to all institutional arbitration conducted through JustAct including:

2.1.1. Arbitration carried out by JustAct using JustAct empanelled individual arbitrator(s), and

2.1.2. Arbitration carried out under arrangements with arbitral houses/ centres and utilising arbitrators empanelled with such centres or otherwise

2.2. For ad hoc arbitration carried out through JustAct, parties may agree upon their own set of rules. In such cases, it will be the responsibility of the parties, to ensure that the dispute is arbitrable under law

2.3. In case of any dispute on the applicability of rules or otherwise, JustAct would be the deciding authority in this regard

3. Services Offered

3.1. Conduct of arbitral proceedings:

JustAct will make available resources and infrastructure for filing of a claim, submission of defence statement, uploading of documents, appointment of arbitrators, scheduling of meetings either online or requiring physical presence and issue of arbitral award for institutional arbitration cases in accordance with the JustAct Arbitration Rules.

3.2. Advisory services:

Drafting of arbitral agreements for cases other than institutional arbitration conducted under the JustAct Arbitration Rules will also be offered by JustAct on a case-to-case basis and at its sole discretion. The fees for the same will be determined keeping in mind the case in hand.

3.3. Administrative Services:

Includes providing halls, secretarial services, or any other incidental requirement during conduct of the arbitration.

4. Jurisdiction for Arbitration

JustAct offers its services to resolve / undertake administrative support for

4.1. All cases pertaining to a civil dispute between parties that may be referred to JustAct for arbitration under these rules.

4.2. All cases referred by the Court for arbitration to JustAct.

4.3. All cases where both parties are member to any organization whose guidelines, including but not limited to Standard Operating Procedures (SOPs), stipulate arbitration using JustAct

4.4. All cases wherein the terms of the contract, which is the subject of a claim or dispute, stipulate arbitration by JustAct.

4.5. Offer administrative services in connection with arbitration of disputes provided the parties or the arbitrators appointed by the parties agree to and request JustAct to administer such cases through JustAct.

All arbitration will be subject to the JustAct Arbitration Rules and amendments thereof, provided the dispute in hand is arbitrable.

JustAct retains the right to refuse to arbitrate any dispute, at its discretion, including if it finds that such arbitration is contrary to its rules or beyond its jurisdiction.

5. The Tribunal

The arbitration tribunal, herein after referred to as the ‘Tribunal’ comprises of an arbitrator or a panel of arbitrators who are equipped to handle the disputes referred for resolution. The tribunal will consist of an odd number of arbitrators viz 1 and 3. JustAct may limit cases to be resolved below a threshold or a type of dispute to be arbitrated with only a single arbitrator tribunal. In its endeavour to provide trained and qualified arbitrators, JustAct may enter an arrangement with one or more arbitral institutions as well as independent arbitrators to arbitrate disputes sourced through the platform/ other channels.

6. Appointment of Tribunal

The Tribunal shall consist of single arbitrator or a panel of odd number of arbitrators including a Presiding Arbitrator

6.1. Appointment of arbitrators:

6.1.1. The Case Manager will assign an arbitrator / panel of arbitrators for the case.

6.1.2. JustAct will make reasonable enquiries to establish if there is an actual or potential conflict of interest. The Arbitrator(s) shall provide no conflict declaration within 4 days of their appointment.

6.1.3. In case there is a likely or actual conflict so disclosed, JustAct will communicate the same to the parties who can choose to waive the same, in which case the arbitrator(s) can be appointed failing which a new arbitrator will need to be appointed following the procedure set out above.

7. Challenge to appointment of arbitrator

7.1. If a Party wishes to challenge the appointment of an arbitrator for grounds of lack of independence or any other grounds, it must do so within 15 days of the appointment and only for grounds that became known to it post the appointment of the said arbitrator(s) to the panel. In case such Party fails to communicate its objection within such period they will be deemed to have waived their right to object.

7.2. The challenge will carry details of the ground of challenge and will be submitted to JustAct with a copy to the other Party and the arbitrators separately. The decision of JustAct in this regard will be final and the same will be communicated within 15 days of the challenge having been filed

8. Resignation/Death of Arbitrator

If at any point during the arbitration, If at any point during the arbitration, if any arbitrator dies or if any arbitrator claims that he/she is unable to perform their duties to the best of their ability and as per the rules, such arbitrator is deemed to have been terminated and, in their place, JustAct shall find and appoint the replacement within 15 days in consonance with provision of clause 6 above.

9. Powers of the Tribunal

Within the procedural framework of the JustAct Arbitration Rules, in consultation with the Case Manager appointed by JustAct and within the framework of extant regulations and law including The Arbitration & Conciliation Act, 1996:

9.1. The Tribunal may rule on the existence or validity of the arbitration agreement

9.2. The tribunal may combine disputes under its jurisdiction if it deems fit

9.3. The Tribunal shall determine its own procedure to conduct the arbitration proceedings and its amendments thereof subject to these provisions.

9.4. The tribunal shall decide its own rules of admissibility of evidence

9.5. The Tribunal may request for one or more experts on specific issues if need be. Here, it is assumed that, with a domain expertise- based allocation of arbitrators, the need for such an expert will be de minimis. In the rare event that such an expert is needed, the presiding arbitrator will make a clear request to JustAct, well before the start of the arbitration proceedings, for such an expert giving reason for such a request.

9.6. The Tribunal may terminate or stay the proceeding if it sees necessary cause

9.7. The Tribunal may award interim awards.

10. Arbitral Assistance

10.1. To assist efficient and timely resolution of the arbitration, a ‘Case Manager’ will be assigned for every dispute referred to JustAct.

10.2. Such ‘Case Manager’ will provide all support for resolution including response to queries, scheduling arbitral sessions, communicating reminders and administrative coordination.

10.3. JustAct may also assign such secretarial staff, as required for every proceeding to support and record the proceedings as per the rules

11. Request for Arbitration:

11.1. The request to initiate arbitration proceedings could emanate in any of the following ways:

11.1.1. In case one Party registers the dispute in the JustAct platform as a claim.

11.1.1.1. The Party raising the claim (Party A) furnishes details of the other Party (Party B). These include Name, Mobile, email, PAN and Address of the person(s) to the extent possible

11.1.1.2. JustAct will intimate the opposite Party and ask the parties to register on JustAct to start the arbitration process.

11.1.1.3. Once both parties are registered and have chosen to arbitrate the arbitration process begins

11.1.2. In case the same is escalated from negotiation /mediation

11.1.2.1. Both the parties are already registered.

11.1.2.2. On escalation, the case is assigned to the JustAct team for completing the case details as necessary and resolution process is started

11.1.3. In case both parties or their arbitrators agree to arbitrate and approach JustAct / the reference to JustAct for arbitration is part of the contract between them

11.1.3.1. In such a case, both the parties register on JustAct and put in details of the case in brief with a claim statement and a reply statement.

11.1.3.2. After the claim and reply statement are filed, then the resolution process begins

11.1.4. In case of a Court referred for arbitration, the details and the court order of such directions are handed over to the JustAct team to ensure that both the parties are registered on JustAct

12. Submission of documents

12.1. On initiation of arbitration, the claim with the supporting documents, the reply /counterclaim with supporting documents and any reply to the counterclaim need to be submitted to every Party, every Arbitrator of the Tribunal and JustAct.

12.2. Documents need to be made available within 7 days of the Tribunal seeking it

13. Combination of Disputes

In case similar claims arise out of different contracts, such claims can be combined and filed together provided all parties to the disputes agree to arbitrate the same through JustAct.

14. Conduct of Arbitration

14.1. At all times during the conduct of the Arbitration, the Tribunal shall treat both the parties equally and provide adequate opportunity to substantiate their claim and counter claim

14.2. The Tribunal will decide on the manner of conduct of proceedings as it deems fit and as per the rules; the same is detailed in para 9.3 above

14.3. The Tribunal will aim at timely and efficient resolution of the dispute

14.4. On Date of reference, the Case Manager shall arrange a meeting between the Tribunal and the parties along with their representatives.

14.5. During such meeting the Tribunal will also discuss the conduct of the proceedings and rules that shall be applicable

14.6. The tribunal may choose to hold oral hearing or decide the case upon the submitted documents and evidence.

14.7. The tribunal may also seek the Court’s support in recording such evidence.

14.8. Based on the claim and counter claim submitted, the Tribunal will decide on number of arbitration sessions and the dates of arbitration.

14.9. The Tribunal may allow for amendment of claims if it deems fit and such Party shall do it within such stipulated time, failing which the original claim stands

14.10. The Tribunal may take the help of the Case Manager and/or the secretarial staff for smooth and fair conduct of the proceedings.

15. Waiver of right to object:

Any Party who proceeds with the arbitration post the date of reference despite knowledge of any non-compliance of the rules, waives its right to object to the proceedings

16. Emergency Arbitration

16.1. During the proceedings or prior to commencement of arbitration proceedings if any Party seeks emergency relief, it may request for an emergency arbitrator by notifying the JustAct Case Manager, Tribunal and other Party.

16.2. In case of JustAct finding the request worthy of appointment of Emergency Arbitrator, it would do so in 7 (seven) days of receipt of such request and at such a fee as deemed necessary. The Party will then be asked to pay the fee of Emergency Arbitrator in advance before the Emergency Arbitrator is notified of his / her likely appointment.

16.3. The arbitrator will then identify if there exists or is likely to exist a conflict of interest and the procedure as followed in Rule 6 will prevail

16.4. Once the appointment of Emergency Arbitrator is complete, he/she will have a discussion with both parties and their representatives and decide the schedule of arbitration in keeping with the exigent circumstances.

16.5. The Emergency Arbitrator will then proceed to examine the interim relief sought and may issue an interim award if necessary.

16.6. Emergency Arbitrator’s jurisdiction shall prevail only over the interim relief sought and will not extend over to the main arbitral procedure. His / her appointment will also cease to have effect once the arbitral panel is appointed.

17. End of proceedings

17.1. The Tribunal may proceed to close the proceedings if they are satisfied that there are no further proofs to be submitted or witnesses to be examined arguments to be addressed. For this purpose, the panel may get an affirmation in this regard from the parties

17.2. Once closed, the Tribunal will proceed to make the award.

17.3. If, however the Tribunal at any point between closure of proceedings and the issue of arbitral award feels the need to re-open the hearing of the case it may do so in exceptional circumstances

18. Fees, Costs and Expenses

18.1. Unless otherwise agreed upon, all arbitral costs shall be borne equally by both parties. Such fees shall be determined as per the Fee Schedule specified by JustAct, that may be amended from time to time.

18.2. Incidental expenses of arbitral panel and cost of any external assistance that was solicited for the conducting of the arbitration need to be reimbursed by the parties as and when incurred.

18.3. Charges for secretarial and administrative services also are determined as per the Fee schedule.

18.4. Charges for ad-hoc arbitration shall also be determined as per the Fee Schedule.

18.5. All costs need to be paid in the manner prescribed by JustAct Fee Schedule.

19. Place of Arbitration

Unless otherwise stated, the place of arbitration for the platform will be treated as India.

20. Language of Arbitration

Unless otherwise stated or as agreed upon by the parties, the language used would be English.

21. Applicable Law

Unless otherwise agreed upon by parties, the law applicable for the arbitration would be the law applicable at the agreed place of arbitration.

22. Time Limit

22.1. The Tribunal shall make its award within 12 months from the date of entrance of reference

22.2. The date of entering the reference is the date on which the arbitrator(s) have received the intimation of their appointment in writing

22.3. An extension of up to 6 months over the 12-month limit may be agreed upon by the parties

22.4. However, any extension beyond that will need to be granted by the Court and with such conditions as imposed by the Court granting the extension

23. Fast Track Arbitration

23.1. The parties can opt for fast-track arbitration for speeding up the resolution.

23.2. In such a case, the parties also agree that the Tribunal will consist of a sole arbitrator.

23.3. The process of appointment of sole arbitrator will remain as described in Rule 6.

23.4. The Tribunal shall proceed based on the submissions by the parties and without any oral hearing. The sole arbitrator may, however, call for any further evidence or details as necessary from either of the parties.

23.5. The arbitrator may also call for an oral hearing if required or if requested by any of the parties. Even in that case, the hearing may be so conducted to ensure least delay and without any technical formalities for conduct.

23.6. The award will be made within 6 months of the date of the tribunal entering the reference.

23.7. In case the award is delayed, this will attract provisions as laid out under rule 22

24. Settlement

24.1. If the parties settle a dispute during arbitral proceedings, the tribunal will terminate the proceedings.

24.2. Also, if requested by the parties and not objected to by the arbitral tribunal, this settlement will be recorded in the form of an arbitral award on agreed terms.

24.3. The arbitral award on agreed terms will have the same status and effect as any other arbitral award.

25. Arbitral Award

25.1. An arbitral award shall be duly signed by all members of the Tribunal. The award may also be issued if majority of the arbitrators (in case of more than one arbitrator in the panel) sign provided the reason for missing signatures may be mentioned

25.2. Unless otherwise agreed, the award will state the reasons for the award and include place and date of the award

25.3. An arbitral award will be issued electronically to both parties only after they complete the payment of dues as per the structure shared by JustAct and amended from time to time

26. Award of costs

26.1. All costs of arbitration unless specified by the Tribunal are borne equally by both the parties

26.2. The Tribunal will have power to decide on payment of costs by one Party to the other in case of the dispute in hand.

26.3. This includes cost of arbitrators, fees paid for registration or administrative services and any other expenses incurred during the arbitration

27. Termination of Arbitration

27.1. An arbitration shall be considered as terminated by issue of an arbitral award

27.2. The arbitration shall be considered terminated following also an arbitration will be treated as terminated and a notice issued to that effect.

27.2.1. Party A takes back its claim unless Party B objects to the same and the tribunal sees a good reason for Party B to insist on an arbitral award

27.2.2. Both parties agree to terminate the arbitration

27.2.3. The arbitrator(s) so find that continuing the arbitration will not be possible and /or necessary.

27.2.4. On the default of a Party without enough cause

28. Revision or Correction of Award

28.1. A Party may ask for the following within 15 days from issue of arbitral award and with due notice to the other Party.

28.1.1. correction of computational / clerical / typographical errors, and / or

28.1.2. give an interpretation to a specific point or part of the award, and / or

28.1.3. an additional arbitral award as to claims presented in the arbitral proceedings but omitted from the arbitral award

28.2. If the arbitral panel finds the requests made from the above justified it would, do the following

28.2.1. Correct errors (it may also do such corrections suo motu) within 15 days of receipt of such request and / or

28.2.2. Issue the interpretation sought within 15 days of receipt of such request and / or,

28.2.3. Issue an additional award within 15 days of receipt of such request

28.3. The panel may seek additional time for issue of corrected / additional award or interpretation as well.

28.4. Confidentiality conditions as specified under Rule 30 on “Confidentiality” will also apply to the corrected award/ interpretation / additional award so issued

29. Enforceability and Setting aside of Arbitral Award

29.1. An arbitral award is final and binding on all parties claiming under such arbitration proceeding.

29.2. An application for setting aside an arbitral award may be made to the Court, in consonance with the provisions of the Arbitration and Conciliation Act 1996.

29.3. Post the period mentioned above and unless the Court adjourns such an application, the award continues to remain enforceable in the same manner as a court decree.

30. Confidentiality

JustAct, the arbitrator(s) and the parties and their agents shall maintain confidentiality of all arbitral proceedings except award where its disclosure is necessary for the purpose of implementation and enforcement of award.

31. Indemnity of JustAct

31.1. Neither JustAct, its employees or any of the arbitrators shall be liable due to anything which is done / intended to be done in good faith in connection with the arbitration, and the services rendered in respect of the same.

31.2. Unless required by law, JustAct or its agents / employees shall not be required to testify in any proceedings – judicial or otherwise – with respect to conduct of the arbitration under these rules.

32. Fee Schedule

32.1. The fee schedule will be maintained by JustAct which will be the sole authority to charge all disputing parties for the arbitration.

32.2. The charges for the arbitration will be based on a number of parameters and will be made known to the Party filing a dispute at the time of raising the claim or reply statement respectively.

32.3. This pricing principle will, however, not be applicable to disputes where the claim value is not amenable to monetary quantification. JustAct will, in such cases, determine the fee within 7 days of claim filling and before commencement of arbitration, and communicate the same to the parties

32.4. Unless otherwise agreed between the parties and communicated to JustAct with the necessary documentation, both parties will be charged equally for the arbitration.

33. Amendments to JustAct Arbitration Rules

33.1. JustAct reserves the right to amend these rules from time to time. However, any case once registered will continue to be processed for arbitration under the rules under which it was registered.

33.2. The date, for this purpose will be reckoned to be the date when filing of the claim was done.

33.3. In case of any disputes, the decision of JustAct will be binding in this regard