ARBITRATION COMMITTEE

Rule 3
(a) The Governing Body of the council shall constitute an Arbitration Committee for performing the functions prescribed under these Rules. The Committee shall consist of the President of the Council, who shall be the ex-officio Chairman of the Committee and three members of the Governing Body of the Council elected by the Governing Body from amongst themselves. The Committee shall hold office for a year.
(b) The Committee may co-opt not more than two persons to be additional members of the Committee during its terms of office. Persons who are not members of the Governing Body may also be co-opted to be members of the Committee.
(c) The Committee or the Chairman of the Committee may delegate to the Registrar the power to take certain decisions provided that any such decision shall be reported to the Chairman or the Committee as the case may be.

RULES APPLICABLE

Rule 4
(a) Any dispute relating to any commercial matter including shipping, sale, purchase, banking, insurance, building construction, engineering, technical assistance, know-how, patents, trade marks, management consultancy, commercial agency, or labour, arising between two or more parties in India or a party or parties in India and a party or parties in a foreign country or between foreign parties why agree or have agreed for arbitration by the Council, or under the Rules of Arbitration of the Council, shall be determined and settled in accordance with these Rules.

(b) The Council shall also be competent to administer the conduct of arbitration in any dispute or difference relating to a commercial transaction between parties as mentioned in sub-clause (a) where they .have agreed to have their dispute arbitrated under any other. Rules of Arbitration and have agreed to have such arbitration administered by the Council, wholly or in respect of some matters arising out of such arbitration.

(c) In case the parties have provided different procedure for appointment of arbitrator or schedule of cost including the arbitrator's fee, the Council shall not be bound to process the case unless both the parties agree to follow entire procedure of arbitration under Rules of Arbitration of the Council.

(d) The Council shall be competent of functions as Appointing Authority as contemplated under the Arbitration Rules of the United Nations Commission on International Trade. Law (UNCITRAL).

Rule 5
Wherever the Parties have provided or agreed for arbitration by the Indian Council of Arbitration or for arbitration under the Rules of Arbitration of the Council, these rules or any amendment thereof in the form obtaining at the time the dispute is referred to arbitration of the Council, shall apply.

Rule 6
If one or both of the parties to a dispute which is referred to arbitration by the Council belong to a country or countries other than India, in the absence of an agreement by the Parties on the substantive law to be applied, it will be determined by the arbitral tribunal. The procedural law shall be the laws of India and parties shall be deemed to have submitted to the jurisdiction of the Courts in India.

Rule 7
Any chamber of commerce, trade association or any arbitral or other organization may adopt these Rules by making them generally available to its members, or by applying them to any dispute in which any of its members may be parties or by normally conducting its arbitration under these Rules.