Rules of Conciliation
ICA CONCILIATION CLAUSE
For conciliation of contractual disputes
Parties to a contract, who agree to resolve their contractual disputes in accordance with the ICA Rules of Conciliation and to have the ICA act as appointing authority and/or to provide administrative services, may use the following clause:
"If a dispute arises out of or in connection with this contract, or in respect of any defined legal relationship associated therewith or derived therefrom, the parties agree to seek an amicable settlement of that dispute by conciliation under the lCA Rules of Conciliation.
The authority to appoint the conciliator/conciliators shall be the Indian Council of Arbitration.
The Indian Council of Arbitration will provide administrative services in accordance with the ICA Rules of Conciliation."
Note : Parties' may wish to consider adding the following:
(a) The number of conciliator(s) shall be _____
(b) The language of the conciliation proceedings will be _____
(c) Specific qualifications of the conciliator(s) including, but not limited to, language, nationality, technical qualifications and experience.
PRELIMINARY
Short title and scope
1.
(1) these rules may be called the ICA Rules of Conciliation.
(2) These rules shall apply where the parties have agreed in writing, that-
(a) a dispute which has arisen, or
(b) a dispute which may arise, between them in respect of a defined legal relationship, whether contractual or not, should be resolved by amicable settlement under the ICA Rules of Conciliation.
(3) 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.
Definitions
2.
In these rules, unless the context otherwise requires,
(a) "Arbitration Committee" means the Arbitration Committee of the lCA
(b) "Chairman" means the Chairman of the ICA Arbitration Committee;
(c) "Rules of Conciliation" or "rules" means the ICA Rules of Conciliation;
(d) "Governing Body" means the Governing Body of the ICA ;
(e) " ICA " means the Indian Council of Arbitration, New Delhi ;
(f) "Panel of conciliators" means the panel of persons approved by the Arbitration Committee to act as conciliators;
(g) "Party" means a party to the agreement referred to in rule 1(2);
(h) "Schedule" means the Schedule to these rules;