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Arbitration
7. In the course of the arbitral proceedings, the arbitrator shall refrain from all unilateral contact with the parties or their counsel which is not notified to the Indian Council of Arbitration so that the ICA can inform the other parties and arbitrators.

8. The arbitrator shall refrain from giving the parties, either directly or through there counsel, notice of decisions in the evidence taking place on the merits, notice of these decisions may be given exclusively by the ICA.

9. The arbitrator shall either request or accept any direct arrangement on costs or fees with the party which has designated him. The arbitrator is entitled to reimbursement of expenses and a fee as exclusively determined by the ICA according to its Schedule of Fees, which is deemed to be approved by the arbitrator when accepting his mandate.

10. The arbitrator shall encourage a serene and positive development of the arbitral proceedings. In particular, he shall decide on the date and manner of the hearings in such a way as to allow both parties to fully participate therein, in compliance with the principle of equal treatment and adversarial proceedings.

11. The first hearing of the arbitral tribunal should be convened within 15 days of the receipt of the complete reply of the respondent when the arbitral tribunal may issue necessary directions. Admission and denial of the documents may be got done by the Registrar. Issues if any to be framed, may be done at the same or at the next hearing. The arbitrators should hold arbitration hearings continuously on day-today basis during office hours.

12. The parties should be asked to furnish a list of their witness, if any, in advance and they should be asked to file affidavits of witness on 21 the date fixed for evidence preferably within a weeks of the settlement of issues, Cross-examination of such of the deponent's witnesses whose presence is demanded by the opposite party should be completed at a hearing to be fixed within 15 days

13. Arguments preferably should be heard within 15 days of the completion of evidence, to be followed by submission of written arguments, if any.

14. Adjournments of duly fixed hearing should not be granted except for unavoidable reasons which should be spell out in the adjournment order.

15. The Arbitrator should make the award expeditiously after the close 22 of the hearings, preferably within 15 days.

16. The arbitrator who does not comply with the provisions of these guidelines may be replaced by the Committee. Where it is not appropriate to replace the arbitrator in order not to cause delay in the arbitral proceedings, the lCA may also take such action after the conclusion of the arbitral proceedings, by refusing to confirm him in subsequent arbitral proceedings.

 

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