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Arbitration

For Parties

17. The claimant should file the applications or demand for arbitration to the Registrar of the Council with all the information and papers as per Rules, full statement of claim and copies of documents relied upon, in 3 sets in case of a Sole Arbitrator and in 5 sets in case of three arbitrators


18. The respondent should file his reply to the claim with complete information and documents relied upon, in 3 or 5 sets as above as early as possible within the prescribed time. Fresh documentation/ claims should not be entertained at a later stage of the proceedings unless the arbitral tribunal is satisfied about the reasons for granting such permission.


19. If any party to arbitration, particularly in cases where any arbitrator, advocate or any of the parties has to come from out station to participate in arbitration proceedings, desires to seek adjournment on any valid ground, it must submit a written request to the Registrar at least before 5 working days stating the grounds which compel it to request for' postponement of the hearing so that the Council is in a position to take necessary steps to inform the Parties, Arbitrators and Advocates regarding postponement of the hearing, Parties seeking adjournment will have to pay cost as may be determined by the arbitral tribunal.


20. Parties should deposit arbitration and administrative fees with the Council (lCA) within the stipulated time, as per the Rules and no extension should be sought in this behalf except for compelling reasons.

21. To avoid excessive costs in arbitration proceedings, the parties are advised to choose their arbitrators from the Panel, as far as possible from the place where the arbitration hearings have to be held. In case, a party still chooses an arbitrator from a place other than the place of hearing, the concerned party will bear the entire extra cost to be incurred on stay TA/DA etc. of the arbitrator nominated by it.


For Arbitration Committee


22. The Arbitration Committee of the Council may examine the arbitration case file from time to time to evaluate the progress of the proceedings .and to ascertain whether the arbitrators have granted adjournments only on reasonable grounds.


23. The Arbitration Committee shall be sale judge of the grounds of violation of the guidelines und its decision shall be final and binding on the arbitral tribunal as well as the parties.

 

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