PROMPT DISPUTE RESOLUTION COUNCIL- CONCILIATION & MEDIATION RULES:

Rule 1 – Scope of Application and Interpretation
1. These rules are called PROMPT DISPUTE RESOLUTION COUNCIL- CONCILIATION & MEDIATION RULES which are issued and approved by the PROMPT DISPUTE RESOLUTION COUNCIL (the “Council”) with the objective to provide effective and affordable Conciliation & mediation services to persons from all sections of Society at their doorstep with the click of a button.
2. These rules are primarily governed and based on the ‘Arbitration and Conciliation Act 1996’ of India as prevailing on the date of incorporation of Council and any subsequent modifications or re-enactments thereof from time to time or any other applicable law which may come into force in future.
3. The certain terms used in these Rules shall have the meanings defined as under:
a) “Arbitration” is a process where the parties to a common case/dispute agree to resolve the same through adjudication and determination by one or more impartial and skilled Arbitrators who make a final and binding decision on the dispute. (Depending on parties’ choice, arbitration maybe be preceded or followed by conciliation, mediation or facilitated negotiation.)
b) “Conciliation” is an informal procedure in which an independent third party who is the Conciliator, assists and facilitates parties to a case in resolving their case through dialogue and communication to reach a settlement. At the option of the parties, the Conciliator may also make recommendations for determining certain terms of the settlement. (Depending on parties’ choice, in the absence of a settlement, Conciliation may be preceded or followed by arbitration or mediation)
c) “Mediation” is a process in which the parties to a case, utilize the assistance of an independent dispute resolution practitioner (the “Mediator”), to collaboratively negotiate the outcome. (Depending on parties’ choice, mediation can be preceded or followed by arbitration or conciliation)
d) “Settlement Deed” is the written document specifying the terms and conditions agreed by parties to a dispute to close the same with mutual consent in front of the one or more Conciliator or Mediator. It is also to be signed by the related Conciliator or Mediator.
e) “DRP” means Dispute Resolution Professional which includes Arbitrators, Conciliators, Mediators & Facilitators.
f) “Claimant” means the party initiating the Conciliation and /or Mediation.
g) “Respondent” means the party against whom the Conciliation and /or Mediation is initiated, as named in the Request for Conciliation;
h) “Party” means Persons from all sections of society including Individuals, Hindu Undivided Families [HUFs], Association of Persons [AOPs], Body of individuals [BOIs], Firms, LLPs, Companies, Local authority, and any artificial juridical person.
i) “Panel” means the Panel of DRPs maintained by the Council.
j) Case Coordinator (‘CC’) shall mean the Case Coordinator appointed by the Council to offer and support administrative and secretarial services to the Claimant, Respondent, and DRP with respect to a specific Dispute.
k) “Council” means Prompt Dispute Resolution Council
l) “Governing Body” means the Governing Body of the Council.
m) “Registrar” means Registrar under the Governing Body of the Council.
n) “Secretary” means Secretary under the Governing Body of the Council.
o) “Portal” and /or “Site” means www.reso.co.in. It is an On-Line Dispute Resolution portal approved by the Council under a legal arrangement for providing the on line Conciliation & mediation and other dispute resolution services to persons from all sections of Society.
4. Any Person, willing to commence a conciliation and/or mediation services from the Council may do so:
a. either by offline/ personally contacting the Secretary/ Registrar of the council at the contact details given on the Site.
b. alternatively, by online mode by registering on the Site.
c. Corporate and other Institutional Customers requiring frequent and recurring services may avail such services by entering into a specific service agreement for a specified period which may be renewed subsequently as per mutual agreement.
5. These rules shall not apply to disputes which by virtue of any law, for the time being in force, may not be submitted to conciliation/ mediation.
6. If any of these Rules conflict with a mandatory provision of law applicable to the Conciliation/Mediation or the Conciliation/Mediation agreement from which the parties cannot derogate, that mandatory provision shall prevail.

Rule 2 – Process of Conciliation/Mediation:
1 Immediately after registration on the Site as per clause 4b of Rule 1 above or personally contacting as per clause 4a or 4c, a Case Coordinator (“CC”) shall be assigned within 2 working days to provide all future guidance and support to the Claimant. The Case Coordinator (‘CC’) will make a Pre-Conciliation/Mediation Call to the claimant to provide a brief overview and benefits of the conciliation/mediation process, how to use the www.reso.co.in online platform, and answer any preliminary queries that the claimant may have. The Pre-Conciliation/Mediation Call shall occur within 5 working Days of the registration by the claimant.
2 Case Coordinator (‘CC’) shall also send an Invitation to Conciliate to the other party i.e. Respondent informing him about the Conciliation/Mediation request filed by the claimant and the brief details of claimant’s claim against him. He shall also give a Pre-Conciliation/Mediation Call to the respondent within next 5 working Days as stated in rule 2.1 above. The CC will provide a brief overview and benefits of the conciliation/mediation process, how to use the www.reso.co.in online platform, and answer any preliminary queries that the respondent may have.
3 If the Invitation to conciliate/mediate is accepted, then both parties shall be deemed to have agreed that the dispute should be resolved through amicable settlement through conciliation/mediation process in accordance with these Rules and other Terms & Conditions, including code of conduct and privacy policy of the Council/Site.
4. Conciliation/Mediation proceedings shall commence when the respondent accepts in writing the invitation to conciliate/Mediate or accepts the online notice sent by the first party through the Portal. After that both the parties have to provide their personal information required as per the Privacy Policy listed on this site either by on line mode through Portal or through any other communication mode defined in rule 9.1 and 9.7 by personally contacting the Secretary/ Registrar of the council, as the case may be as per rule 1.4 above. (Click here for Privacy Policy)
5. Immediately after receiving the required personal information as per rule 2.4 above, a unique Case Registration Number “CRN” will be allotted. This CRN must be quoted in all future communications relating to a particular Conciliation/Mediation proceedings/dispute so that the same can be timely attended and acted upon. The communications received without CRN may not be attended timely due to difficulty in relating the same to correct Conciliation/Mediation proceedings/dispute for which the Conciliator/ Mediator, the Portal, the Council, and any of its officers, employees, or agents shall not be responsible.
6. If the other party rejects the invitation, there shall be no conciliation/Mediation proceedings.

Rule 3- Panel of Dispute Resolution Professionals (DRP)
A Panel of DRPs shall be maintained by the Governing Body from amongst the persons who are qualified experts and possess the extensive knowledge and experience in their respective fields of profession and concerned law & procedure and are willing to serve as Arbitrators/Conciliators/ Mediators generally or in specific fields. The fee chargeable by the DRPs is also listed on this Site.

Rule 4 – Appointment of Conciliators/Mediators
1. There shall be one Conciliator/Mediator appointed unless
(i) The appointed Conciliator/Mediator requests for a co-conciliation/co-mediation based on a perusal of the case or
(ii) owing to the complexity of the case, the Governing Body believes that a co-conciliation/co-mediation is necessary.
2. Both the parties shall select a Sole Conciliator/Mediator from the Panel by Mutual Understanding.
3. If a Conciliator/Mediator could not be selected by both the parties mutually, each party will select Five Conciliators/ Mediators from the Panel of DRPs maintained by the portal, independently without knowledge of other party in which case there is a possibility that both the parties may select a common DRP. This process of selecting five DRPs shall be repeated till a common DRP is selected.

Rule 5 – Submission of statements to Conciliator/Mediator
1. The Conciliator/ Mediator may, upon his appointment, request each party to (online/offline as the case may be as per point 3 of Rule 1) submit to him and the Registrar/Secretary a brief statement in writing describing the general nature of the dispute, the points of conflict, and the amount, if any, of the claim. Each party shall also send a copy of such statement to the other party through Case- Coordinator (‘CC’).
2. The statement of the claimant shall contain the following minimum information:
a) A request that the dispute be referred to Conciliation/Mediation:
b) The names, addresses, telephone numbers, fax numbers and email addresses of the parties to the dispute;
c) A reference to the contract out of which the dispute arises and provide a copy of the contract;
d) A brief statement describing the nature and circumstances of the dispute.
e) The relief or remedy sought, including the amount of claim if quantifiable at the time of filing the request for Conciliation/Mediation.
f) Any other relevant documents related to the case.
3. The statement of the respondent shall contain the following minimum information:
a) A confirmation or denial of all or part of the claims the full names and contact details (including postal address(es), telephone number(s), facsimile number(s) and electronic mail address(es) of the Respondent and its legal representatives, if any;
b) A statement briefly describing the nature and circumstances of the dispute and the defence to the claim, including any counterclaims, advanced against any other party to the arbitration, specifying the relief claimed, including the amounts of any quantified counterclaims and, to the extent possible, an estimate of the monetary value of any other counterclaims;
c) The Response may also include the Statement of Defence and a Statement of Counterclaim.
d) For the avoidance of doubt, the contents of the Response do not restrict the Respondent from subsequently adding, supplementing or amending in its pleadings the matters referred to Conciliation/Mediation or the reliefs claimed, provided these matters and reliefs fall within the scope of the contract with the claimant.
4. The Conciliator/ Mediator may also request the parties to submit to him and the Registrar/Secretary, any further statement in writing of his position and the facts and grounds in support thereof, supplemented by any document and other evidence that such party deems appropriate. The parties shall send a copy of such statements, documents, and other evidence to the Conciliator/Mediator. The Conciliator/ Mediator will send a copy of the same to other party through CC.
5. However, a party can specifically request the Conciliator/ Mediator to keep a particular information/evidence in a particular situation as Confidential with him only by citing the reasons for the same. The Conciliator/ Mediator will accept such Confidential requests and will not share the same with other party without his consent in writing and will appropriately deal with same in settlement of the case in best possible and fair manner.

Rule 6 – Appointment of Substitute Conciliator/Mediator
In the event of the death or resignation of any of the Conciliators/ Mediators, a substitute Conciliator/ Mediator must be appointed through the same procedure as mentioned in Rule 4 through which the Conciliator/ Mediator concerned was appointed, failing which, the Governing Body will make the appointment.

Rule 7 – Independence and Impartiality of the Conciliator/ Mediator
1. The Conciliator/Mediator conducting Conciliation/Mediation proceedings under these Rules shall be and remain at all times independent and impartial, and shall not act as an advocate for any party.
2. A prospective Conciliator/ Mediator shall disclose to the parties who approach him in connection with his possible appointment, any circumstances likely to give rise to justifiable doubts as to his impartiality or independence. In such a case, the parties shall select any other Conciliator/ Mediator through mutual consent.
3. The Conciliator/ Mediator, once nominated or appointed, but before the start of Conciliation/Mediation proceedings, shall disclose any such circumstance referred to in Rule 7.2 to the Registrar/Secretary, Governing Body, and all parties. In such a case also, the parties shall select any other Conciliator/ Mediator through mutual consent.
4. If, at any stage during the conciliation/mediation, new circumstances arise that might give rise to justifiable doubt as to any Conciliator’s/ Mediator’s impartiality or independence, the Conciliator/ Mediator shall promptly disclose such circumstances to Registrar/Secretary Governing Body, and all parties. In such a case, the registrar/secretary, governing body shall appoint any other Conciliator/ Mediator in discussion with all the parties at the same fee which was payable to the earlier Conciliator/ Mediator after adjusting the advance paid to the earlier Conciliator/ Mediator.

Rule 8 – Role of the Conciliator/ Mediator
1. The Conciliator/ Mediator shall assist the parties independently and impartially in their attempt to reach an amicable settlement of their dispute.
2. The Conciliator/ Mediator shall be guided by principles of objectivity, fairness, and justice, giving consideration to, amongst other things, the rights and obligations of the parties, the usages of the trade concerned, and the circumstances surrounding the dispute, including any previous business practices between the parties.
3. The Conciliator/ Mediator may conduct the Conciliation/Mediation proceedings in such manner as he considers appropriate, taking into account the circumstances of the case, the wishes the parties may express, including the request by a party that the Conciliator hears oral statements and the need for a speedy settlement of the dispute.
4. The Conciliator may, at any stage of the Conciliation/Mediation proceedings, make proposals for a settlement of the dispute. Such proposals need to be in writing and need to be accompanied by a statement of the reasons therefore.

Rule 9 -Communications
1. Any application, agreement, request, instruction, direction, response, notice, or other communication required or referred to in these rules, must be made in writing either through personal/physical submission or by email or through courier/speed post to the Council or through the Portal as the case may be.
2. Before accepting an appointment, the Conciliator/ Mediator may only enquire as to the general nature of the dispute, the names of the parties, and the expected time required for the conciliation/ mediation.
3. After the Conciliator/ Mediator has been appointed, he may invite the parties to meet him or may communicate with them orally or in writing. However, he must maintain a record of all Oral communications for future reference and records with countersignatures of parties. He may meet or communicate with the parties together or with each of them separately.
4. A party’s last known residence or place of business shall be a valid address for the purpose of Written Communication in the absence of any notification of a change by that party. Communications may, in any event, be addressed to a party in the manner stipulated or, failing such a stipulation, according to the practice followed in the course of the dealings between the parties.
5. For the purpose of determining the date of commencement of a time limit, any Written Communication shall be deemed to have been received on the day it is delivered as per Rules 9.1 mentioned above or, in the case of electronic means, transmitted, and such time shall be determined with reference to the recipient’s time zone.
6. For calculating a time-period under these Rules, such period shall begin to run from the day when the Written Communication is received or deemed to have been received as per rule 9.5 above. In case the last day of such period is an official holiday or a non-business day at the residence or place of business of the addressee, the period shall be extended till the first business day which follows. Official holidays or non-business days occurring during the running of the time are included in calculating the period.
7. It is clarified that any communication under these rules, irrespective of its nature, content and subject, shall be treated as a valid communication if it is made through any digital communication mode defined under Information Technology Act, 2000.

Rule 10 -Disclosure of Information
When the Conciliator/ Mediator receives factual information concerning the dispute from a party, he shall disclose the substance of that information to the other party in such a manner that the other party may have the opportunity to present any explanation which he considers appropriate:
Provided that when a party gives any information to the Conciliator subject to a specific condition that it must be kept confidential the Conciliator/ Mediator shall not disclose that information to the other party.

Rule 11- Cooperation of parties with the Conciliator/Mediator
The parties shall in good faith cooperate with the Conciliator/ Mediator and, in particular, shall endeavour to comply with requests by the Conciliator/Mediator to submit written materials, provide evidence and attend meetings.

Rule 12- Settlement/Closure of Dispute.
1. If the parties mutually agreed to settle and close a dispute between them, they shall draw up and sign a Settlement Deed in writing. If requested by the parties and agreed by the Conciliator/Mediator, he may draw up, or assist the parties in drawing up the settlement deed.
2. When the parties sign the settlement deed, it shall be final and binding on the parties and persons claiming under them respectively.
3. The Conciliator/Mediator shall also authenticate the settlement deed, and furnish a copy thereof to each of the parties.
4. The Conciliator, after detailed hearing of the parties to a dispute and considering all the related facts, documents, evidences, and circumstances of the dispute may give the final or interim decision, duly signed by him, specifying the terms of settlement including settlement amount payable by the parties to the dispute.
5. In such a case, the Conciliator/ Mediator shall promptly send to the Registrar/Secretary a notice in writing that the Conciliation/Mediation is terminated and shall indicate the date on which it has concluded/terminated, whether or not the Conciliation/Mediation resulted in a settlement of the dispute and, if so, whether the settlement was full or partial. The Conciliator shall inform the parties regarding such a requirement and reinforce the confidentiality terms.
6. The Settlement Deed shall have the same status and effect as if it is an Arbitral Award on agreed terms on the substance of the dispute rendered by an Arbitrator under Section 30 of the Arbitration and Conciliation Act, 1996.

Rule 13 -Confidentiality
1. Any person involved in conciliation/ mediation, in particular, the Conciliator, the parties, their representatives, any experts, or any other person present during the proceedings shall keep all matters relating to the Conciliation/Mediation proceedings confidential. Confidentiality shall extend also to the settlement agreement, except where its disclosure is necessary for purposes of its implementation and enforcement.

Rule 14- Termination of Conciliation/Mediation Proceedings
1. The Conciliation/Mediation proceedings shall be terminated at the option of the Conciliator/Mediator, after consultation with the parties, to the effect that further efforts at Conciliation/Mediation are no longer justified;
2. In such a case, the Conciliator/ Mediator shall promptly send to the Registrar/Secretary a notice in writing that the Conciliation/Mediation is terminated and shall indicate the date on which was terminated. He shall also inform whether or not the Conciliation/Mediation resulted in a settlement of the dispute and, if so, whether the settlement was full or partial. The Conciliator/Mediator shall inform the parties regarding such a decision and reinforce the confidentiality terms.
3. If the Conciliation/Mediation is inconclusive owing to parties or the Conciliator/Mediator opine that the process is not appropriate for the case, Parties have a choice to refer the case to arbitration under the Council Arbitration Rules. Unless otherwise agreed by the parties and council, the Conciliator/ Mediator shall not act as an Arbitrator or as a representative or counsel of a Party in any arbitration or judicial proceeding in respect of a dispute which is /was subject to the Conciliation/Mediation proceedings under these rules.

Rule 15 -Resort to arbitral or judicial Proceedings
The parties shall not initiate, during the Conciliation/Mediation proceedings, any other arbitral or judicial proceedings in respect of a dispute that is the subject matter of the Conciliation/Mediation proceedings except that a party may initiate arbitral or judicial proceedings where, in his opinion, such proceedings are necessary for preserving his rights. In that case, the concerned party shall immediately before/after 24 hours of initiating the arbitral or judicial proceedings, inform the same to Conciliator/Mediator who upon getting such information will close the Conciliation/Mediation proceedings and inform the same to Registrar/Secretary and all other parties.

Rules 16 -Fees of the Conciliator/ Mediator
In accepting an appointment, the Conciliator/ Mediator agrees to the remuneration as prescribed in the rules of Council and Schedule of Fees applicable, or mutually agreed between parties and the Conciliator/Mediator and he shall make no unilateral arrangements with any of the parties or their Representatives for any additional fees or expenses. The fees shall be payable by both the parties as mutually agreed between them before the start of Conciliation/Mediation proceedings. In case, the fee is agreed to be paid in installments with the concerned Conciliator/Mediator at the time of his appointment as per Rule 4 of these rules, then each installment should be paid before the due date. In case of non-payment/delay in payment, the proceedings will not start or further continued until the time of payment of the due fee/fee installment. (Click here for Fees Details)

Rule 17 -Party Representatives
1. Any party may be represented by legal practitioners/experts or any other representatives, subject – to such proof of authority as the Conciliator/Mediator may require. The names and addresses of such representatives must be notified to the other party or parties.
2. Parties must disclose to the Registrar/Secretary, the Conciliator/Mediator, and every other party of the names and relevant details of those persons who will be accompanying them at any Conciliation/Mediation session not less than 3 Business Days before the session. All additional persons will be required to sign a confidentiality agreement that forms a part of the Terms and Conditions of the Portal as a condition of their attendance at the conciliation.
3. The Conciliator/Mediator may withhold approval for an additional representative or support person to attend the Conciliation/Mediation if he/she considers (at his or her sole discretion), that their attendance could threaten or bring into question the integrity/confidentiality of the conciliation/ mediation.

Rule 18 – Fees of the Governing Body of the Council
1. Each Request for Conciliation/Mediation shall be subject to advance payment of a non-refundable registration fee to the Governing Body. The amount of the registration fee shall as per the Schedule of Fees applicable on the date on which the Request for Conciliation/Mediation is received by the Governing Body.
2. No action shall be taken by the Governing Body on a Request for Conciliation/Mediation until the registration fee due has been paid.
3. If the parties fail, within 15 days after a reminder in writing from the Registrar/Secretary, to pay the registration fee, it shall be deemed to have withdrawn their Request for Conciliation/Mediation.
4. In case, the fee is agreed to be paid in instalments with the registrar/secretary of the council, then each instalment should be paid before the due date. In case of non-payment/delay of payment, the proceedings will not further continue till the time of payment of the fee instalment due.
5. The parties shall remain jointly and severally liable to the Council for payment of all the registration fees until they have been paid in full even if the Conciliation/Mediation is abandoned, suspended, or concluded, by agreement or otherwise before the final settlement is made.

Rule 19 -Admissibility of evidence in other proceedings
1. The parties shall not rely on or reproduce any part of the Conciliation/Mediation proceedings made under these rules, as evidence in any other arbitration or judicial proceedings, whether or not such proceedings relate to any dispute which was the subject matter of any Conciliation/Mediation proceedings under these rules, including the following:
● views expressed or suggestions made by the other party in respect of a possible settlement of the dispute;
● admissions made by the other party in the course of Conciliation/Mediation proceedings;
● proposals made by the Conciliator/ Mediator;
● the fact that the other party had indicated his willingness to accept a proposal for settlement made by the Conciliator/ Mediator;
2. Besides, the Conciliator/Mediator related to any dispute which was the subject matter of any proceedings under these rules shall not be represented by the parties as a witness in any other arbitration or judicial proceedings.

Rule 20 -Exclusion of Liability
The Conciliator/ Mediator, the Portal, the Council, and any of its officers, employees, or agents shall not be liable to any party for any act or omission in connection with any Conciliation/Mediation conducted under these Rules.
After the Settlement has been made and the possibilities of corrections have lapsed or been exhausted, neither the Conciliator/ Mediator nor the Governing Body shall be under any obligation to make any statement to any person about any matter concerning the conciliation, and no party shall seek to make any Conciliator or the Council and any of its officers a witness in any legal proceedings arising out of the conciliation/ mediation.

Rule 21 – Amendment to Rules
These Rules may from time to time be amended by the Governing Body of Council.

PROMPT DISPUTE RESOLUTION COUNCIL– Arbitration Rules

Rule 1 – Scope of Application and Interpretation
1. These rules are called PROMPT DISPUTE RESOLUTION COUNCIL- ARBITRATION RULES which are issued and approved by the PROMPT DISPUTE RESOLUTION COUNCIL (the “Council”) with the objective to provide effective and affordable Arbitration services to persons from all sections of Society at their doorstep with the click of a button.
2. These rules are primarily governed and based on the ‘Arbitration and Conciliation/Mediation Act 1996’ of India as prevailing on the date of incorporation of Council and any subsequent modifications or re-enactments thereof from time to time or any other applicable law which may come into force in future.
3. The certain terms used in these Rules shall have the meanings defined as under:
a) “Arbitration” a process where the parties to a common case/dispute agree to resolve the same through adjudication and determination by one or more impartial and skilled Arbitrators who make a final and binding decision on the dispute. (Depending on parties’ choice, arbitration maybe preceded or followed by conciliation, mediation or facilitated negotiation.)
b) “Award” means the final determination of a settlement claim or part thereof decided by an Arbitrator at the disposal/Conclusion of a dispute filed on this Site. It includes an interim award.
c) “Settlement Deed” is the written document specifying the terms and conditions agreed by parties to a dispute to close the same with mutual consent in front of the one or more Arbitrator. It is also to be signed by the related Arbitrator.
d) “Arbitration Agreement” means an agreement by the parties to submit to Arbitration all or certain disputes which have arisen or which may arise between them. An Arbitration Agreement may be in the form of an arbitration clause in a contract or in the form of a separate contract;
e) “DRP” means Dispute Resolution Professionals which includes Arbitrators, Conciliators, Mediators & Facilitators.
f) “Claimant” means the party initiating the Arbitrator.
g) “Respondent” means the party against whom the arbitration is initiated.
h) “Party” means Persons from all sections of society including Individuals, Hindu Undivided Families [HUFs], Association of Persons [AOPs], Body of individuals [BOIs], Firms, LLPs, Companies, Local authority, and any artificial juridical person.
i) “Panel” means the Panel of DRPs maintained by the Council.
j) Case Coordinators (‘CC’) shall mean the case coordinators appointed by the Council to provide administrative and secretarial services and any other required support to the Claimant /DRP and Respondents concerning a specific Dispute.
k) “Council” means Prompt Dispute Resolution Council.
l) “Governing Body” means the Governing Body of the Council.
m) “Registrar” means Registrar under the Governing Body of the Council.
n) “Secretary” means Secretary under the Governing Body of the Council.
o) “Portal” and /or “Site” means www.reso.co.in. It is an On-Line Dispute Resolution portal approved by the Council under a legal arrangement for providing the on line Arbitration and other dispute resolution services to persons from all sections of Society at their doorstep with the click of a button.
4. Any Person, willing to commence Arbitration services from the Council may do so:
a. Either by offline/ personally contacting the Secretary/ Registrar of the council at the contact details given on the Site.
b. Alternatively, by online mode by registering on the Site as per clause 2 B of the Privacy Policy listed on this site.
c. Corporate and other Institutional Customers requiring frequent and recurring services may avail such services by entering into a specific service agreement effective for a particular period i.e. for 1 year which may be renewed annually.
5. These rules shall not apply to disputes which by virtue of any law for the time being in force may not be submitted to conciliation/ mediation.
6. If any of these Rules conflict with a mandatory provision of law applicable to the Conciliation/Mediation or the Conciliation/Mediation agreement from which the parties cannot derogate, that mandatory provision shall prevail.
7. If the parties have agreed otherwise, in contradiction with the rules of the Council, the same has to be brought to the knowledge of the Tribunal. Consent of the same has to be obtained.

Rule 2 – Process of Arbitration
1. Immediately after registration on the Site as per clause 4b of Rule 1 above or personally contacting as per clause 4a or 4c, a Case Facilitator (‘CF’) shall be assigned within 2 working days to provide all future guidance and support to the Claimant. The Case Facilitators (‘CF’) will make a Pre-Arbitration Call to the claimant to provide a brief overview and benefits of the Arbitration process, how to use the www.reso.co.in online platform, and answer any preliminary queries that the claimant may have. The Pre-Arbitration Call shall occur within 5 Business Days of the registration by the claimant.
2. Case Facilitator (‘CF’) shall also send an Arbitration Invite to the other party i.e. Respondent informing him about the Arbitration request filed by the claimant and the brief details of claimant’s claim against him and shall also give a Pre- Arbitration Call to the respondent within next 5 Business Days as stated in Rule 2.1 above. The CF will provide a brief overview and benefits of the Arbitration process, how to use the www.reso.co.in online platform, and answer any preliminary queries that the respondent may have.
3. If the Arbitration Invite is accepted by the respondent, then both parties shall be deemed to have agreed that the dispute should be resolved through the arbitration process in accordance with these Rules and other Terms & Conditions, including the code of conduct and privacy policy of the Council/Site.
4. Arbitration proceedings shall commence when the respondent accepts in writing the Arbitration invite or accepts the online notice sent by the first party through the Portal. After that, both the parties have to provide their personal information required as per the Privacy Policy listed on this site either by online mode through Portal or through any other communication mode defined in rule 18.1 and 18.7 by personally contacting the Secretary/ Registrar of the council, as the case may be as per rule 1.4 above. (Click here for Privacy Policy)
5. Immediately after receiving the required personal information as per rule 2.4 above, a unique Case Registration Number “CRN” will be allotted. This CRN must be quoted in all future communications relating to a particular Arbitration proceedings/dispute so that the same can be timely attended and acted upon. The communications received without CRN may not be attended timely due to difficulty in relating the same to correct Arbitration proceedings/dispute for which the Arbitrator, the Portal, the Council, and any of its officers, employees, or agents shall not be responsible.
6. If the other party rejects the invitation, there shall be no Arbitration proceedings.

Rule 3- Panel of Arbitrators
A Panel of Arbitrators shall be appointed by the Governing Body from amongst the persons who are well-qualified experts and possess the extensive knowledge and experience in their respective fields of profession and concerned law & procedure and are willing to serve as Arbitrators generally or in specific fields. The fee chargeable by the Arbitrators is also listed on this Site.

Rule 4 – Appointment of Arbitrators
1. There shall be one Arbitrator appointed unless
(i) The appointed Arbitrator requests for a co-Arbitrator based on a perusal of the case or
(ii) owing to the complexity of the case, the Governing Body is of the opinion that co-Arbitrators are necessary.
2. Both the parties shall select a Sole Arbitrator from the Panel by Mutual Understanding.
3. If an Arbitrator could not be selected by both the parties mutually, each party will select Five Arbitrator from the Panel of DRPs maintained by the portal, independently without knowledge of other party in which case there is a possibility that both the parties may select a common DRP. This process of selecting five DRPs shall be repeated until a common DRP is selected.

Rule 5 – Submission of Statements to Arbitrator
1. The Arbitrator may, upon his appointment, request the claimant to (online/offline as the case may be as per point 3 of Rule 1) submit to him and the Registrar/Secretary a brief statement in writing describing the general nature of the dispute, the points of conflict, and the amount, if any, of the claim within 15 days from the date of receipt of such request. The claimant shall also send a copy of such statement to the respondent through the Case Coordinator (‘CC’).
2. The statement of the claimant shall contain the following minimum information:
a) A request that the dispute be referred to Arbitration.
b) The names, addresses, telephone numbers, fax numbers and email addresses of the parties to the dispute;
c) A reference to the Arbitration Agreement or other contract out of which the dispute arises and provide a copy of the same;
d) A brief statement describing the nature and circumstances of the dispute.
e) The relief or remedy sought, including the amount of claim if quantifiable at the time of filing the request for Conciliation/Mediation.
f) The statement shall, to as large an extent as possible, be accompanied by the evidence upon which the Claimant relies, together with a schedule of such evidence. Where the evidence is especially voluminous, the Claimant may add a reference mentioning “further evidence is under preparation and will be submitted by the specified date not later than 15 days from the date of submitting the statement.
g) Any other relevant documents related to the case.
3. After the receipt of the statement of the claimant, the respondent shall also submit his statement in reply of the same to the Arbitrator and the Registrar/Secretary within 15 days from the date of receipt of the statement of the claimant. The statement of the respondent shall contain the following minimum information:
a) A confirmation or denial of all or part of the claims the full names and contact details (including postal address(es), telephone number(s), facsimile number(s) and electronic mail address(es) of the Respondent and its legal representatives, if any;
b) A statement briefly describing the nature and circumstances of the dispute and the defense to the claim, including any counterclaims advanced against any other party to the arbitration, specifying the relief claimed, including the amounts of any quantified counterclaims and, to the extent possible, an estimate of the monetary value of any other counterclaims;
c) The Response may also include the Statement of Defense and a Statement of Counterclaim.
d) For the avoidance of doubt, the contents of the Response do not restrict the Respondent from subsequently adding, supplementing, or amending in its pleadings the matters referred to Arbitration or the reliefs claimed, provided these matters and reliefs fall within the scope of the contract with the claimant.
4. The Arbitrator, after going through the statements of claimant and respondent filed as per rules 5.2 and 5.3, may further request the parties to submit to him and the Registrar/Secretary, any further statement in writing of their position and the facts and grounds in support thereof, supplemented by any document and other evidence that such parties deem appropriate. The parties shall send a copy of such statements, documents, and other evidence to the Arbitrator. The Arbitrator will send a copy of the same to other party through CC .
5. However, a party can specifically request the Arbitrator to keep a particular information/evidence in a particular situation as Confidential with him only by citing the reasons for the same. The Arbitrator will accept such Confidential requests and will not share the same with other party without his consent in writing and will appropriately deal with the same in settlement of the case in a best possible and fair manner.
6. Subject to any contrary agreement by the parties, a party may amend or supplement its claim, counter-claim, defense, or set-off during the arbitral proceedings, unless the Arbitrator considers it inappropriate to allow such amendment having regard to its nature or the delay in making it.

Rule 6 – Appointment of Substitute Arbitrator
In the event of the death or resignation of any of the Arbitrators, a substitute Arbitrator must be appointed through the same procedure as mentioned in Rule 4 through which the Arbitrator concerned was appointed, failing which, the Governing Body will make the appointment.

Rule 7 – Independence and Impartiality of the Arbitrator
1. The Arbitrator conducting Conciliation/Mediation proceedings under these Rules shall be and remain at all times independent and impartial, and shall not act as an advocate for any party.
2. A prospective Arbitrator shall disclose to the parties who approach him in connection with his possible appointment, any circumstances likely to give rise to justifiable doubts as to his impartiality or independence. In such a case, the parties shall select any other Arbitrator through mutual consent as per Rule 4.
3. The Arbitrator, once nominated or appointed, but before the start of Arbitration proceedings, shall disclose any such circumstance referred to in Rule 7.2 to the Registrar/ Secretary, Governing Body, and all parties. In such a case also, the parties shall select any other Arbitrator through mutual consent as per Rule 4.
4. If at any stage during the arbitration, new circumstances arise that might give rise to justifiable doubt as to any Arbitrator impartiality or independence, the Arbitrator shall promptly disclose such circumstances to Registrar/ Secretary, Governing Body, and all parties. In such a case, the registrar/ Secretary/ governing body shall appoint any other Arbitrator in discussion with all the parties as per Rule 4. at the same fee which was payable to the earlier Arbitrator after adjusting the advance paid to the earlier Arbitrator.

Rule 8 – Challenge of Arbitrators and Decision on such Challenge
1. Any Arbitrator may be challenged by a party if circumstances exist that give rise to justifiable doubt as to the Arbitrator’s impartiality or independence.
2. A party may challenge an Arbitrator whom it has nominated or in whose nomination it concurred, only for reasons of which it becomes aware after the nomination has been made.
3. An Arbitrator may also be challenged in the following cases:
• if he does not possess the qualifications required by the agreement of the parties or as per the Act.
• If he is physically or mentally incapable of conducting the proceedings or where there are justifiable doubts as to his ability to do so: or
• If he has refused or failed to use all reasonable dispatch in conducting the arbitration or making an award,
• If he has continuously absented himself from attending the proceedings, in more than 2 sitting without prior permission of Governing Body of Council,
4. A party who intends to challenge an Arbitrator shall file with the Registrar/ Secretary and serve on the other party or all other parties, whichever is applicable, a Notice of Challenge.
5. The Notice of challenge must be filed and served within 14 days from the appointment of the Arbitrator.
6. The Notice of Challenge must state the reasons for the challenge.
7. When an Arbitrator has been challenged by one party, the other party may agree to the challenge. The Arbitrator may also, after the challenge, withdraw from his office. However, it is not implied in either case that there has been an acceptance of the validity of the grounds for the challenge. In both cases, the procedure provided in Rule 4 and 6 shall be used for the appointment of a substitute Arbitrator.
8. If the other party does not agree to the challenge, and the Arbitrator does not withdraw, the decision on the challenge will be made by the Governing Body.
9. If the Governing Body sustains the challenge, a substitute Arbitrator shall be appointed or chosen according to the procedure applicable to the appointment of an Arbitrator as provided in Rule 4 and 6. If the Governing Body dismisses the challenge, the Arbitrator shall continue with the arbitration.

Rule 9 – Re-hearing in the Event of Replacement of the Arbitrator
If the sole or presiding Arbitrator is replaced, there shall be a re-hearing. If any other Arbitrator is replaced, such re-hearing may take place at the discretion of the presiding Arbitrator.

Rule 10 – Additional Powers of the Arbitrator
In addition to the powers conferred by the Act, the Arbitrator shall also have the power to: –
1. Allow any party, upon such terms (as to costs and otherwise) as it shall determine, to amend claims or counterclaims;
2. Extend or abbreviate any time limits provided by these Rules;
3. Conduct such enquires as may appear to the Arbitrator to be necessary or expedient;
4. Order the parties to make any property or thing available for inspection.
5. Order any parties to produce to the Arbitrator, and the other parties for inspection, and to supply copies of any documents or classes of documents in their possession, custody or power which the Arbitrator determines to be relevant;
6. Make orders or give directions to any party for interrogatories;
7. Make orders or give directions to any party for an interim injunction or any other interim measure.
8. Make such orders or give such directions as it deems fit in so far as they are not inconsistent with the Act or any statutory re-enactment thereof or such laws or rules which are applicable for the time being in force.
9. If the parties so agree, the Arbitrator shall also have the power to add other parties (with their consent) to be joined in the arbitration and make a single Final Award determining all disputes between them.

Rule 11 – Role of the Arbitrator
1. The Arbitrator shall assist the parties independently and impartially in his attempt to reach an amicable settlement of their dispute.
2. The Arbitrator shall be guided by principles of objectivity, fairness, and justice, considering, amongst other things, the rights and obligations of the parties, the usages of the trade concerned, and the circumstances surrounding the dispute, including any previous business practices between the parties.
3. The Arbitrator may conduct the Arbitration proceedings in such manner as he considers appropriate, taking into account the circumstances of the case, the wishes of the parties, including the request by a party that the Arbitrator hears oral statements and the need for a speedy settlement of the dispute. However, he may, at the request of a party or on its own motion, extend in exceptional cases a time fixed by these Rules to a reasonable extent, by himself or agreed to by the parties. In urgent cases, such an extension may be granted by the presiding Arbitrator alone.
4. The Arbitrator may, at any stage of the Arbitration proceedings, make proposals for a settlement of the dispute. Such proposals need to be in writing and need to be accompanied by a statement of the reasons therefore.
5. The Arbitration shall have the widest discretion allowed by the Act to ensure the just, expeditious, economical, and final determination of the dispute. The proceedings shall be conducted from 10 AM to 5PM or at any other time mutually decided by the parties and the Arbitral Tribunal.

Rule 12 – Place of Arbitration
1. Unless otherwise agreed by the parties, the place of arbitration shall be decided by the Council, taking into consideration any observations of the parties and the circumstances of the arbitration.
2. The Arbitrator may, after consultation with the parties, conduct hearings and meetings at any place it considers appropriate in India or outside India as the case may be.
3. If there is no agreement between the parties, the place of arbitration shall be decided by the Council, taking into consideration any observations of the parties and the circumstances of the arbitration.
4. The judicial seat of arbitration shall be Noida, Uttar Pradesh unless otherwise agreed by the parties.
5. The award shall be deemed to have been made at the place of arbitration.

Rule 13 – Language of Arbitration
1. Unless otherwise agreed by the parties, the language of the arbitration shall be the language of the Arbitration Agreement, subject to the power of the Arbitrator to determine otherwise, having regard to any observations of the parties and the circumstances of the arbitration.
2. The Arbitrator may order that any documents submitted in languages other than the language of arbitration be accompanied by a translation in whole or in part, as per the language of the arbitration.

Rule 14 – Hearings
1. Unless the parties have agreed on documents-only arbitration, the Arbitrator shall hold a hearing for the presentation of evidence by witnesses, including expert witnesses, or for oral submissions.
2. The Arbitrator shall fix the date, time and place of any meetings and hearings in the arbitration first hearing, and complete time table pertaining to all the activities of the Arbitration e.g. submission of statement of claim, reply, counterclaim, reply therein, admission and denial of documents, visit/inspection of the site if any. The Arbitrator shall stick to the time table without any deviations unless unavoidable circumstances are warranting such deviation which will be with the prior permission of the Arbitral Tribunal.
3. Before the hearing, the Arbitrator may provide the Parties with matters or questions to which it wishes them to give special consideration.
4. If a party to the proceedings without sufficient cause, fails to appear at a hearing of which the notice has been given, the Arbitrator may proceed with the arbitration and may make the Award after the party present has submitted evidence to prove its case.
5. All meetings and hearing shall be in private unless the parties agree otherwise.

Rule 15 – Evidence
1. The Arbitrator shall determine the admissibility, relevance, materiality, and weight of evidence.
2. At any time during the arbitration, the Arbitrator may, at the request of a party or on its own motion, order any party to produce such documents or other evidence as it considers necessary or appropriate and may order a party to make available to the Arbitrator or an expert appointed by it or to the other party any property in its possession or control for inspection or testing.

Rule 16 – Witnesses
1. Before any hearing, the Arbitrator may require either party to give notice of the identity of witnesses it wishes to call, whether witness of fact or expert witness, as well as of the subject matter of their testimony and its relevance to the issues.
2. The Arbitrator has discretion, on the grounds of redundancy and irrelevance, to limit or refuse the appearance of any witness.
3. Any witness who gives oral evidence may be questioned, under the control of the Arbitrator, by each of the parties. The Arbitrator may put questions at any stage of the examination of the witnesses.
4. The testimony of witnesses may, either at the choice of a party or as directed by the Arbitrator, be submitted in written form, whether by way of signed statements, affidavits, or otherwise, in which case the Arbitrator may make the admissibility of the testimony conditional upon the witnesses being made available for oral testimony.
5. A party shall be responsible for the practical arrangements, cost and availability of any witness it calls.
6. The Arbitrator shall determine whether any witness shall retire during any part of the proceedings, particularly during the testimony of other witnesses.

Rule 17 – Experts Appointed by the Arbitrator
1. Unless otherwise agreed by the parties, the Arbitrator may:
 appoint one or more experts to report the Arbitrator on specific issues;
 require a party to give any such expert, any relevant information or to produce, or to provide access to, any relevant documents, goods or property for inspection by the expert.
2. Unless otherwise agreed by the parties, if a party so requests or if the Arbitrator deems fit, the expert shall, after delivery of his written or oral report, participate in an oral hearing, at which the parties may question him and present expert witnesses to testify on the points at issue.

Rule 18 – Communications
1. Any application, agreement, request, instruction, direction, response, notice, or other communication required or referred to in these rules, must be made in writing either through personal/physical submission or by email or through courier/speed post to the Council or the Portal as the case may be.
2. Before accepting an appointment, the Arbitrator may only enquire as to the general nature of the dispute, the names of the parties, and the expected time required for the Arbitration.
3. After the Arbitrator has been appointed, he may invite the parties to meet him or may communicate with them orally or in writing. However, he must maintain a record of all Oral communications for future reference and records with countersignatures of parties. He may meet or communicate with the parties together or with each of them separately.
4. A party’s last known residence or place of business shall be a valid address for Written Communication in the absence of any notification of a change by that party. Communications may, in any event, be addressed to a party in the manner stipulated or, failing such a stipulation, according to the practice followed in the course of the dealings between the parties.
5. To determine the date of commencement of a time limit, any Written Communication shall be deemed to have been received on the day it is delivered as per Rules 9.1 mentioned above or, in the case of electronic means, transmitted, and such time shall be determined with reference to the recipient’s time zone.
6. To calculate a time period under these Rules, such period shall begin to run from the day when the Written Communication is received or deemed to have been received as per rule 9.5 above. In case the last day of such period is an official holiday or a non-business day at the residence or place of business of the addressee, the period shall be extended till the first business day which follows. Official holidays or non-business days occurring during the running of the time are included in calculating the period.
7. It is clarified that any communication under these rules, irrespective of its nature, content and subject, shall be treated as a valid communication if it is made through any digital communication mode defined under Information Technology Act, 2000.

Rule 19 – Disclosure of Information
When the Arbitrator receives factual information concerning the dispute from a party, he shall disclose the substance of that information to the other party in such a manner that the other party may have the opportunity to present any explanation which he considers appropriate:
Provided that when a party gives any information to the Arbitrator subject to a specific condition that it must be kept confidential the Arbitrator shall not disclose that information to the other party.

Rule 20 – Cooperation of Parties with the Arbitrator
The parties shall in good faith cooperate with the Arbitrator and, in particular, shall endeavor to comply with requests by the Arbitrator to submit written materials, provide evidence and attend meetings.

Rule 21 – Settlement/Closure of Dispute and Award
1. If the parties mutually agreed to settle and close a dispute between them, they shall draw up and sign a Settlement Deed in writing. If requested by the parties and agreed by the Arbitrator, he may draw up, or assist the parties in drawing up the settlement deed.
2. When the parties sign the settlement deed, it shall be final and binding on the parties and persons claiming under them respectively.
3. The Arbitrator shall also authenticate the settlement deed, and furnish a copy thereof to each of the parties.
4. Where there is more than one Arbitrator, the Arbitration decision or award must be made by the whole Tribunal or a majority. If an Arbitrator refuses or fails to sign the Award, the signatures of the majority shall be sufficient, provided that the reason for the omitted signature is stated.
5. However, in the case of a three-member Arbitrator, the presiding Arbitrator may, after consulting the other Arbitrators, make procedural rulings alone.
6. The Arbitrator, after detailed hearing of the parties to a dispute and considering all the related facts, documents, evidence, and circumstances of the dispute may give the final or interim Award, duly signed by him or in case of more than one Arbitrator by all of the asserting Arbitrators, specifying the terms of settlement including the settlement amount payable by the parties to the dispute.
7. In such a case, the Arbitrator/s shall promptly send to the Registrar/ Secretary a notice in writing that the Arbitration is fully/partly concluded and the date of settlement of the dispute and, if so, The Arbitrator shall inform the parties regarding such a requirement and reinforce the confidentiality terms.
8. The Settlement Deed shall have the same status and effect as if it is an Arbitral Award on agreed terms on the substance of the dispute rendered by an Arbitrator under section 30 of the Arbitration and Conciliation/Mediation Act, 1996.
9. By agreeing to have arbitration under these Rules, the parties undertake to carry out the award without delay.
10. Stamp duty on award shall be payable by the party in whose favor the award has been pronounced or in case it is in favor of more than one party then they shall share the cost in the proportion of the benefit.

Rule 22 – Additional Award
1. Within 30 days after the receipt of the award, either party, with notice to the Registrar/Secretary and the other party, may request the Arbitrator to make an additional award as to claims presented in the arbitration proceedings but omitted from the award.
2. If the Arbitrator considers the request for an additional award to be justified and considers that the omission can be rectified without any further hearings or evidence, it shall notify all the parties within 7 days of the receipt of the request, that it will make and additional award, and complete the additional award within 30 days after the receipt of the request.

Rule 23 – Correction of Awards
1. Within 30 days of receiving an award, unless another time has been agreed upon by the parties, a party may by notice to the Registrar/Secretary and the other party request the Arbitrator to correct in the Award, any errors in computation, any clerical or typographical errors or any errors of similar nature.
2. If the Arbitrator considers the request to be justified, it shall make the correction(s) within 30 days of receiving the request. Any correction shall be notified in writing to the parties and shall become part of the Award.

Rule 24 – Confidentiality
Any person involved in Arbitration, in particular, the Arbitrator, the parties, their representatives, any experts, or any other person present during the proceedings shall keep all matters relating to the Arbitration proceedings confidential. Confidentiality shall extend also to the settlement agreement, except where its disclosure is necessary for purposes of its implementation and enforcement.

Rule 25 – Termination of Arbitration Proceedings
The Arbitration proceedings shall be terminated at the option of the Arbitrator, after consultation with the parties, to the effect that further efforts in Arbitration are no longer justified;
1. In such a case, the Arbitrator shall promptly send to the Registrar/Secretary a notice in writing that the Arbitration is terminated and shall indicate the date on which it was terminated. He shall also inform whether or not the Arbitration resulted in a settlement of the dispute fully or partially. The Arbitrator shall inform the parties regarding such a decision and reinforce the confidentiality terms.
2. In case the Arbitration is inconclusive owing to parties or the Arbitrator believing that the process is not appropriate for the case, Parties have a choice to refer the case to Conciliation/Mediation/Facilitation under the rules of the Council for the same. Unless otherwise agreed by the parties and council, the Arbitrator shall not act as a Conciliator/Mediator/Facilitator or as a representative or counsel of a Party in any other Conciliation/Mediation/Facilitation or judicial proceeding in respect of a dispute which is /was subject to the Arbitration proceedings under these rules.

Rule 26 – Challenge of Arbitrators
1. Any Arbitrator may be challenged by a party if circumstances exist that give rise to justifiable doubt as to the Arbitrator’s impartiality or independence.
2. A party may challenge an Arbitrator whom it has nominated or in whose nomination it concurred, only for reasons of which it becomes aware after the nomination has been made.
3. An Arbitrator may also be challenged if he does not possess the qualifications required by the agreement of the parties or as per the Act.
4. A party who intends to challenge an Arbitrator shall file with the Registrar/ Secretary and serve on the other party or all other parties, whichever is applicable, a Notice of Challenge.
5. The Notice of challenge must be filed and served within 14 days from the appointment of the Arbitrator.
6. The Notice of Challenge must state the reasons for the challenge.
7. When an Arbitrator has been challenged by one party, the other party may agree to the challenge. The Arbitrator may also, after the challenge, withdraw from his office. However, it is not implied in either case that there has been an acceptance of the validity of the grounds for the challenge. In both cases, the procedure provided in Rule 7 read with Rule 8, shall be used for the appointment of a substitute Arbitrator.

Rule 27 – Decision on Challenge
1. If the other party does not agree to the challenge, and the Arbitrator does not withdraw, the decision on the challenge will be made by the Governing Body.
2. If the Governing Body sustains the challenge, a substitute Arbitrator shall be appointed or chosen according to the procedure applicable to the appointment of an Arbitrator as provided in Rule 7 read with Rule 8, If the Governing Body dismisses the challenge, the Arbitrator shall continue with the arbitration.

Rule 28 – Removal by the Arbitral Tribunal
1. The Governing Body may on the application of a party remove an Arbitrator;
• who is physically or mentally incapable of conducting the proceedings or where there are justifiable doubts as to his ability to do so:or,
• who has refused or failed to use all reasonable dispatch in conducting the arbitration or making an award,
• who has continuously absented himself from attending the proceedings, more than 2 sitting without prior permission of Governing Body of Council,
2. The Arbitrator(s) concerned is entitled to appear and be heard at the hearing of his removal
3. Upon the removal of the Arbitrator, a substitute Arbitrator shall be appointed in accordance with Rule 7 read with Rule 8.
4. The Governing Body’s decision on the application is final and shall not be subjected to any appeal or review.

Rule 29 – Resort to other Arbitral or Judicial Proceedings
The parties shall not initiate, during the Arbitration proceedings, any other arbitration or judicial proceedings in respect of a dispute that is the subject matter of the Arbitration proceedings except that a party may initiate arbitration or judicial proceedings where, in his opinion, such proceedings are necessary for preserving his rights. In that case, the concerned party shall immediately before/after 24 hours of initiating such other arbitration or judicial proceedings, inform the same to Arbitrator who upon getting such information will close the Arbitration proceedings and inform the same to Registrar/ Secretary and all other parties.

Rule 30 – Fees of the Arbitrator
In accepting an appointment, the Arbitrator agrees to the remuneration as prescribed in the rules of Council and Schedule of Fees applicable, or mutually agreed between parties and the Arbitrator and he shall make no unilateral arrangements with any of the parties or their Representatives for any additional fees or expenses. The fees shall be payable by both the parties as mutually agreed between them before the start of Arbitration proceedings. In case, the fee is agreed to be paid in installments with the concerned Arbitrator at the time of his appointment as per Rule 4 of these rules, then each installment should be paid before the due date. In case of non-payment/delay in payment, the proceedings will not start or further continued until the time of payment of the due fee/fee installment. (Click here for Fees Details)

Rule 31 – Party Representatives
1. Any party may be represented by legal practitioners/experts or any other representatives, subject – to such proof of his identity and authority as the Arbitrator may require. The names and addresses of such representatives must be notified to the other party or parties.
2. Parties must disclose to the Registrar/ Secretary, the Arbitrator, and every other party of the names and relevant details of those persons who will be accompanying them at any Arbitration session not less than 3 Business Days prior to the session. All additional persons will be required to sign a confidentiality agreement that forms a part of the Terms and Conditions of the Portal as a condition of their attendance at the conciliation.
3. The Arbitrator may withhold approval for an additional representative or support person to attend the Arbitration if he/she considers (at his or her sole discretion), that their attendance could threaten or bring into question the integrity/confidentiality of the conciliation/ mediation.

Rule 32 – Fees of the Governing Body of the council
1. Each Request for Arbitration shall be subject to advance payment of a non-refundable registration fee to the Governing Body. The amount of the registration fee shall as per the Schedule of Fees applicable on the date on which the Request for Arbitration is received by the Governing Body. (Click here for Fees Details)
2. No action shall be taken by the Governing Body on a Request for Arbitration until the registration fee has been paid.
3. If the parties fail, within 15 days after a reminder in writing from the Registrar/ Secretary, to pay the registration fee, it shall be deemed to have withdrawn their Request for Arbitration.
4. In case, the fee is agreed to be paid in installments with the registrar/secretary of the council, then each installment should be paid before the due date. In case of non-payment/delay of payment, the proceedings will not further continue till the time of payment of the fee installment due.
5. The parties shall remain jointly and severally liable to the Council for payment of all the registration fees until they have been paid in full even if the Arbitration is abandoned, suspended or concluded, by agreement or otherwise before the final Award is made.

Rule 33 – Admissibility of evidence in other proceedings
1. The parties shall not rely on or reproduce any part of the Arbitration proceedings made under these rules, as evidence in any other arbitration or judicial proceedings, whether or not such proceedings relate to any dispute which was the subject matter of any Arbitration proceedings under these rules, including the following:
• views expressed or suggestions made by the other party in respect of a possible settlement of the dispute;
• admissions made by the other party in the course of Arbitration proceedings;
• proposals made by the Arbitrator ;
• the fact that the other party had indicated his willingness to accept a proposal for settlement made by the Arbitrator ;
2. Besides, the Arbitrator related to any dispute which was the subject matter of any Arbitration proceedings under these rules related to shall not be represented by the related parties as a witness in any other arbitral or judicial proceedings.

Rule 34 – Exclusion of Liability
The Arbitrator, the Portal, the Council, and any of its officers, employees, or agents shall not be liable to any party for any act or omission in connection with any arbitration conducted under these Rules.
After the Award/Settlement has been made and the possibilities of corrections have lapsed or been exhausted, neither the Arbitrator nor the Governing Body shall be under any obligation to make any statement to any person about any matter concerning the Arbitration, and no party shall seek to make any Arbitrator or the Council and any of its officers a witness in any legal proceedings arising out of the Arbitration.

Rule 35 – Bulk Cases
The Council is empowered to make suitable amendments in the above rules in general or on a case to case basis as may be required for easy settlement of Bulk Cases that may be submitted to the council as per rule 1.4.c and shall override the rules mentioned herein.

Rule 36 – Amendment to Rules
These Rules may from time to time be amended by the Governing Body of Council.