1.1

These Rules shall be called the Arbitration, Mediation and Resolution Council Rules of Arbitration or in short, the AMRC Rules of Arbitration.

1.2

These Rules shall apply where the parties have agreed to refer their disputes to the AMRC for arbitration, whether before or after the disputes have arisen, or where reference is made to AMRC in accordance with the law.

1.3

In case of any conflict between these Rules and the mandatory provisions of the Arbitration and Conciliation Act, 1996, the provisions of the Act shall prevail.

2.1

• Act means the Arbitration and Conciliation Act, 1996, as amended from time to time.
• AMRC or Council means the Arbitration, Mediation and Resolution Council under the aegis of Nivaran Trust.
• AMRC Virtual Hearing Room refers to the private online space provided by AMRC for arbitral proceedings.
• Arbitral Tribunal means a Sole Arbitrator or a Panel of Arbitrators.
• Award includes interim, partial and final awards.
• Breakout Room means a separate room/session within the AMRC hearing room.
• Coordinator refers to a neutral person appointed by the Council.
• ODR Platform means the dispute resolution platform managed by the Council.
• Party means Claimant(s) and Respondent(s).
• Panel means the Panel of Arbitrators maintained by the Council.
• Pleadings include Statement of Claim, Defence and Counter Claim.

2.2

Words and phrases not defined herein shall have the same meaning as assigned under the Act.

3.1

All communications between parties, tribunal and Council shall be in writing.

3.2

• E-mail
• WhatsApp
• SMS
• Postal or Courier Service
• Any other agreed communication method

3.3

A communication shall be deemed received if delivered to the official email, WhatsApp number or last known address of the concerned party.

4.1

A party initiating arbitration shall submit a Notice of Arbitration on the ODR Platform.

4.2

• Request for arbitration
• Details of parties and representatives
• Copy of arbitration agreement
• Contract documents
• Brief statement of dispute
• Claims and relief sought
• Quantification of claims

4.3

The Notice of Arbitration may include the Statement of Claim.

5.1

The Respondent shall file response within seven days from receipt of notice.

5.2

• Confirmation or denial of claims
• Details of respondent
• Defence statement
• Counter claims if any
• Supporting documents

6.1

Disputes shall ordinarily be decided by a Sole Arbitrator appointed by AMRC.

6.2

Where three arbitrators are required, parties shall appoint one arbitrator each and the Presiding Arbitrator shall be selected from the AMRC panel.

7.1

The appointment of an arbitrator may be challenged in accordance with the provisions of the Arbitration and Conciliation Act, 1996.

8.1

Where an arbitrator resigns, dies or becomes incapable of acting, a substitute arbitrator shall be appointed.

9.1

AMRC shall provide a Virtual Hearing Room for conduct of proceedings.

9.2

The proceedings may be recorded and stored by the Council.

10.1

The Claimant shall file Statement of Claim with relevant documents.

10.2

The Respondent shall file Statement of Defence and Counter Claim if any.

11.1

A party may amend pleadings with permission of the Tribunal.

12.1

The Tribunal may conduct proceedings in physical, virtual or hybrid mode.

12.2

The Tribunal shall not be bound by strict rules of Civil Procedure or Evidence Act.

13.1

Evidence may be presented in written form unless oral testimony is directed.

14.1

The Tribunal shall have power to rule on its own jurisdiction.

15.1

Parties may seek interim relief under Section 17 of the Act.

16.1

The Tribunal shall determine the seat of arbitration unless already agreed by the parties.

17.1

The Tribunal shall apply the substantive law in force in India.

18.1

The language of arbitration shall ordinarily be English.

19.1

The Tribunal may permit joinder of additional parties in accordance with law.

20.1

The Award shall be in writing and contain reasons for the decision.

20.2

The Award may be signed electronically using digital or scanned signatures.

21.1

The arbitral proceedings terminate upon issuance of Final Award or Consent Award.

22.1

A party may seek correction or interpretation of the Award within thirty days.

23.1

The Tribunal shall determine fees and administrative costs during the first hearing.

24.1

The Award shall be enforced in accordance with the Arbitration and Conciliation Act, 1996.

25.1

All proceedings shall remain confidential except where disclosure is necessary for enforcement.

26.1

AMRC, its officers, arbitrators and coordinators shall not be liable for any act or omission connected with arbitration proceedings.

27.1

The Council may revise or amend these Rules and fee schedules whenever necessary.