Article 1 Introduction

1.1 To frame, amend such Arbitration Rules to hereby govern the conduct of Arbitration Proceeding held at AECCI International Arbitration Center, India (Mumbai) relating to International Commercial Arbitration and International Maritime Arbitration and for matters connected therewith or incidental thereto.

1.2 By consenting to use the above Arbitration Rules to hereby govern the arbitration proceedings, to be conducted at the AECCI- IAC Navi Mumbai, India the parties hereby further agree, acknowledge, and accept these rules or any revised rules framed thereafter approved by Council AECCI- IAC Navi Mumbai, India. And in the event of any dispute arising between a relevant rule and an express provision of applicable law hereby governing the Conduct of Arbitration Proceedings between the Parties to Arbitration, then the express provision of applicable law shall prevail over said relevant rule.

1.3 The Arbitration Rules shall hereby deems to commence from such date as unanimously agreed upon by the Council AECCI- IAC Navi Mumbai, India at the duly convened meeting held for adopting the said Rules.

1.4 These Arbitration Rules shall govern any and all arbitration proceedings initiated on or after April 05, 2023, unless otherwise agreed upon by the Council AECCI- IAC Navi Mumbai, India to fix different of commencement of said Rules.

Article 2 Definition

a. “Arbitration” means any arbitration whether or not administered by permanent arbitral institution; any arbitration arising out of International Disputes.
b. “Arbitration agreement” means an arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement.
c. “Award” includes any final decision made by the arbitrator(s), including emergency arbitrators.
d. “Tribunal” means a single arbitrator or all arbitrators when there is more than one and includes any tribunal formed under these Rules.
e. “Council” is a group of members governing the AECCI International Arbitration Centre (IAC), Navi Mumbai, India.
f. “Claimant” is an aggrieved person seeking relief from the other party.
g. “Parties” means a party to an Arbitration Agreement and parties to Proceedings.
h. “Secretary” means the Secretary for the time being appointed by the Committee and includes such other persons as the Council may nominate for carrying out the duties of the Registrar under these rules.

Article 3 Applicable Law

The Applicable Law of Arbitration and Conciliation Act, 1996 shall apply for the arbitration proceedings.

Article 4 Commencement of Arbitration

4.1. Arbitration Agreement-
In this Part, “arbitration agreement” means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not.
An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement.
a. An arbitration agreement shall be in writing.
b. An arbitration agreement is in writing if it is contained in— (i) a document signed by the parties; (ii) an exchange of letters, telex, telegrams or other means of telecommunication [including communication through electronic means] which provide a record of the agreement; or
c. The reference in a contract to a document containing an arbitration clause constitutes an arbitration agreement if the contract is in writing and the reference is such as to make that arbitration clause part of the contract.

4.2. Inception of Arbitration Proceedings –
a. Any participant seeking to initiate arbitration (“Claimant”) must first send a written request for Arbitration to the registrar/council.
b. The date on which the Request is received by the Council shall, for all purposes, be deemed to be the date of the commencement of the arbitration.
c. The council will notify all involved parties of the arbitration’s scheduled commencement date.
d. The Request for arbitration shall contain a) the name in full, description, address and other contact details of each of the parties; b) the name in full, address and other contact details of any person(s) representing the claimant in the arbitration; c) a description of the nature and circumstances of the dispute giving rise to the claims.
e. The Request for Arbitration should also include the Statement of Claim of the Claimant.
f. Within 14 days of getting the claimant’s request for arbitration, Defendant must submit his reply to the Claimant. Confirmation or denial of the claims, contact information, a description of the conflict and defense, nomination of a judge, service of copies of the answer and documents on all parties, and evidence of payment, of the filing fee for any complaint are all required in the response. Include a statement of defense, and a statement of counterclaim in your answer, and feel free to revise it as needed within the parameters of the adjudication agreement..

4.3 Receipt of written communications. —
a. Unless otherwise agreed by the parties,—
i. any written communication is deemed to have been received if it is delivered to the addressee personally or at his place of business, habitual residence or mailing address, and
ii. if none of the places referred to in clause (a) can be found after making a reasonable inquiry, a written communication is deemed to have been received if it is sent to the addressee’s last known place of business, habitual residence or mailing address by registered letter or by any other means which provides a record of the attempt to deliver it.
b. The communication is deemed to have been received on the day it is so delivered.
c. This Article does not apply to written communications in respect of proceedings of any judicial authority.

Article 5 Interim measures, etc., by Council

5.1 A party may before, apply to a council—
a. for the appointment of a legal representative in case of death of either party for the purposes of arbitral proceedings; or
b. for an interim measure of protection in respect of any of the following matters, namely:—
i. the preservation, interim custody or sale of any goods which are the subject-matter of the arbitration agreement;
ii. securing the amount in dispute in the arbitration;
iii. the detention, preservation or inspection of any property or thing which is the subject-matter of the dispute in arbitration, or as to which any question may arise therein and authorizing for any of the aforesaid purposes any person to enter upon any land or building in the possession of any party, or authorizing any samples to be taken or any observation to be made, or experiment to be tried, which may be necessary or expedient for the purpose of obtaining full information or evidence;
iv. interim injunction or the appointment of a receiver;
v. such other interim measure of protection as may appear to the Council to be just and convenient, and the Council shall have the same power for making orders as it has for the purpose of, and in relation to, any proceedings before it.

5.2 Where, before the commencement of the arbitral proceedings, a Council passes an order for any interim measure of protection under sub-Article (1), the arbitral proceedings shall be commenced within a period of thirty days from the date of such order or within such further time as the Council may determine.

5.3 Once the arbitral tribunal has been constituted, the Council shall not entertain an application under sub-Article(1).

Article 6 Appointment of Arbitrator

6.1. Number of arbitrators. —
The parties are free to determine the number of arbitrators, provided that such number shall not be an even number. Further in case parties fails to reach an agreement then council AECCI- IAC Navi Mumbai, India shall hereby constitute the Arbitral Tribunal consisting of a sole arbitrator.

6.2 Appointment of Arbitrators.—
a. A person of any nationality may be an arbitrator, unless otherwise agreed by the parties.
b. the parties are free to agree on a procedure for appointing the arbitrator or arbitrators.
c. Failing any agreement referred to in sub-clause (ii), in an arbitration with three arbitrators, each party shall appoint one arbitrator, and the two appointed arbitrators shall appoint the third arbitrator who shall act as the presiding arbitrator.
d. If the appointment procedure in sub-clause (iii) applies and—
i. a party fails to appoint an arbitrator within thirty days from the receipt of a request to do so from the other party; or
ii. If the two appointed arbitrators fail to agree on the third arbitrator within Thirty days from the date of their appointment then the appointment shall be hereby made subject to council AECCI- IAC exercising its discretionary powers.

Failing any agreement referred to in sub-clause (ii), in an arbitration with a sole arbitrator, if the parties fail to agree on the arbitrator within thirty days from receipt of a request by one party from the other party to so agree then the appointment shall be made, by council AECCI- IAC exercising its discretionary powers.
a. Where, under an appointment procedure agreed upon by the parties,—
i. a party fails to act as required under that procedure; or
ii. the parties, or the two appointed arbitrators, fail to reach an agreement expected of them under that procedure; or
iii. a person, including an institution, fails to perform any function entrusted to him or it under that procedure,

The council AECCI- IAC subject to exercising its discretionary powers shall take the necessary steps in this regard.

6.3 Sole Arbitrator-
When appointing a sole arbitrator, either party can elect or choose one or more names for consideration within 7 days.

The council will select an arbitrator if the parties fail to elect an arbitrator, the council shall elect a sole arbitrator within the span of 7 days and the whole process of selecting an arbitrator shall not be beyond 15 days.

6.4 Appointment of Three Arbitrators-
a. Where the dispute is to be referred to three arbitrators, the third arbitrator, who will act as president of the arbitral tribunal, shall be appointed by the Court, unless the parties have agreed upon another procedure for such appointment, in which case the nomination will be subject to confirmation.
b. In cases with more than two parties, the Claimant(s) and Respondent(s) will jointly nominate one arbitrator each, or the Council will appoint all three arbitrators if no nominations are made.
c. The presiding arbitrator will be selected by the Council and cannot be nominated by any party or third party.
d. If the arbitration agreement specifies a process for selecting the presiding arbitrator, it will be treated as an agreement for the Council to make the selection.
e. Only odd number of arbitrators shall be appointed by the Center.

Article 7 Appointment of Emergency Arbitrator

7.1. .A party that needs urgent interim or conservatory measures that cannot await the constitution of an arbitral tribunal (“Emergency Measures”) may make an application for such measures pursuant to the Application made by the either party pursuant to Article 4 . Any such application shall be accepted only if it is received by the Registrar prior to the transmission of the file to the arbitral tribunal irrespective of whether the party making the application has already submitted its Request for Arbitration.

7.2 The Application for Emergency Measures shall contain the following information:
a. The name in full, description, address and other contact details of each of the parties;
b. The name in full, address and other contact details of any person(s) representing the applicant;
c. A description of the circumstances giving rise to the Application and of the underlying dispute referred or to be referred to arbitration;
d. A statement of the Emergency Measures sought;
e. The reasons why the applicant needs urgent interim or conservatory measures that cannot await the constitution of an arbitral tribunal;
f. Any relevant agreements and, in particular, the arbitration agreement containing provisions for appointment of Emergency Arbitrator to seek interim or conservatory measures;
g. Any agreement as to the place of the arbitration, the applicable rules of law or the language of the arbitration;
h. proof of payment of the Emergency Arbitrator Fees referred to in Schedule of Fees annexed to said Rules and
i. Any Request for Arbitration and any other submissions in connection with the underlying dispute, which have been filed with the Registrar by any of the parties to the emergency arbitrator proceedings prior to the making of the said Application.

The emergency arbitrator’s decision shall take the form of an order. The parties undertake to comply with any order made by the emergency arbitrator.

7.3 The emergency arbitrator’s order shall not bind the arbitral tribunal with respect to any question, issue or dispute determined in the order. The arbitral tribunal may modify, terminate or annul the order or any modification thereto made by the emergency arbitrator.

7.4 The arbitral tribunal shall decide upon any party’s requests or claims related to the emergency arbitrator proceedings, including the reallocation of the costs of such proceedings and any claims arising out of or in connection with the compliance or noncompliance with the order.

7.5 The Emergency Arbitrator Provisions shall not apply if:
a. The arbitration agreement under the Rules was concluded prior to date of commencement of said Arbitration Rules of AECCI- IAC Navi Mumbai, India
b. The parties have agreed to opt out of the Emergency Arbitrator Provisions; or
c. The arbitration agreement upon which the application is based arises from a International treaty to which India is not a signatory.

7.6 The Emergency Arbitrator Provisions are not intended to prevent any party from obtaining urgent interim or conservatory measures from a competent judicial authority at any time prior to making an application for such measures, under the said Rules and in appropriate circumstances even thereafter, pursuant to the Rules. Any application to obtain any interim or conservatory measures from a competent judicial authority shall not be deemed to be an infringement or a waiver of the arbitration agreement. Any such application and any measures taken by the judicial authority must be notified without delay to the Council AECCI- IAC Navi Mumbai, India which shall pass its decision taking into consideration the said fact.

Article 8 The Arbitral Tribunal

8.1 Independence, Impartiality, and Availability –
a. Every arbitrator appointed by the parties, council shall remain impartial and independent of the parties involved in the arbitration.
b. Before appointment or confirmation, a prospective arbitrator shall sign a statement of acceptance, availability, impartiality and independence. The prospective arbitrator shall disclose in writing to the Secretariat any facts or circumstances which might be of such a nature as to call into question the arbitrator’s independence in the eyes of the parties, as well as any circumstances that could give rise to reasonable doubts as to the arbitrator’s impartiality. The Secretariat shall provide such information to the parties in writing and fix a time limit for any comments from them.
c. If during the arbitration, the arbiter becomes aware of any information that could cast a reasonable question on their neutrality or independence, they must promptly notify the parties, the other judges, and the registry of such information.

Article 9 Seat and Venue of Arbitration

eat of Arbitration –
a. The Seat of Arbitration shall be Navi Mumbai, India.
b. Failing any agreement referred to in sub-clause (i) the Seat of Arbitration shall be determined by the the council AECCI- IAC having regard to the circumstances of the case, including the convenience of the parties.
c. Notwithstanding sub-Article (a) or sub- clause (ii), the council of AECCI- IAC Navi Mumbai, India may, unless otherwise agreed by the parties, meet at anyplace it considers appropriate for consultation among its members, for hearing witnesses, experts or the parties, or for inspection of documents, goods or other property.

2. Venue Arbitration-
a. The Venue of Arbitration shall be in Navi Mumbai, India. Since one of the party is of India origin.

Article 10 Consolidation Mechanism

. The Council of AECCI- IAC Navi Mumbai, India may at the request of either party to the Arbitration Proceedings made to the Secretary in writing delivered through one of modes specified under Article 2 shall consolidate two or more arbitration proceedings pending under the said Rules combining the same to a single Arbitration Proceeding where:
a. All the parties have consented in writing to the said Consolidation; or
b. All Claims pertaining to Arbitrations are made under the same contract or contracts; or
c. The claims in arbitrations are not made under the same contract or contracts but the arbitrations are between the same parties, the disputes in arbitrations arise in connection with the same legal relationship and the Council AECCI- IAC Navi Mumbai, India shall after duly reviewing the arbitration agreements finds the same to be Compatible;

2. The Council AECCI- IAC Navi Mumbai, India shall at its duly convened meeting held after the receipt of consolidation request in writing from either party shall either approves or rejects the consolidation request after recordings its detailed reasons in writing after taking into consideration:
a. The Facts and Circumstances warranting such consolidation applicable to given case which may differ from case-to-case basis;
b. Whether the Interest of all the Parties to the said Consolidation are hereby adequately safeguarded;

c. Whether such consolidation is necessary for securing the ends of Justice to all parties hereby involved in such proceedings;
d. Whether Subject-matter of Arbitration Proceedings allows such Consolidation;
e. Whether any rights of any parties contractual or otherwise shall not be hereby adversely affected due to commencement of such Consolidation Proceedings;

3. The Council AECCI- IAC after exercising its discretionary powers shall also decide whether the same arbitrator to continue or new arbitrator to be appointed for the conducting Consolidation Hearing.

4. The Council AECCI- IAC after exercising its discretionary powers shall also decide whether all Arbitration Proceedings to be hereby consolidated into the Arbitration Proceedings that commenced first;

5. The Decision of the Chairman of Council AECCI- IAC shall be Final, Conclusive, and Binding upon the Parties to the Arbitration with regard to the conduct of Consolidation Proceedings subject to payment of applicable fees by the parties as specified in Schedule of Fees Annexed to the Rules of AECCI- IAC.

Article 11 Conduct of the Arbitration

11.1 Taking into consideration the complexity and significance of the dispute, the arbitral tribunal and the parties shall conduct the arbitration expeditious and inexpensively.

11.2 The arbitral tribunal must adopt any procedural procedures it deems necessary for effective case management after discussing with the parties, as long as they don’t conflict with any prior agreements made by the parties. These measures could use a few different case management strategies.

11.3 The arbitral tribunal may issue orders pertaining to the confidentiality of the arbitration proceedings or of any other topics connected with the arbitration upon the request of any party and may take measures for protecting trade secrets and confidential information.

11.4 In all cases, the arbitral tribunal shall act accordance with the law and impartially and the parties shall be treated with equality and each party shall be given a full opportunity to present this case.

11.5 The parties are bound by any order passed by the arbitral tribunal.

11.6 if the Agreement is in any other language, then it should be translated in English & the duly translated copy of the same shall be submitted to the center by the Parties.

11.7 A presiding arbitrator may make procedural rulings alone, subject to revision by the Tribunal.

11.8 The Tribunal may proceed with the arbitration notwithstanding the failure or refusal of any party to comply with these Rules or with the Tribunal’s orders or directions, or any partial or interim Award or to attend any meetings or hearings and may impose such sanctions as the Tribunal deems appropriate in such circumstances.

11.9 If required by any applicable law, the Tribunal shall endeavor to render its final Award within 12 months from the date it receives written notice of its constitution. If it becomes apparent to the Tribunal that the final Award cannot reasonably be rendered within a period of 12 months from the date it receives written notice of its constitution, the Tribunal shall promptly notify the parties in writing, with brief reasons, of the estimated length of time required for the Tribunal to render its final Award. By agreeing to arbitrate under these Rules, the parties hereby expressly consent to extend the time prescribed by any applicable law for the rendering of the Award by not more than 6 months, in the event the Tribunal considers such extension necessary.

11.10 In all matters not expressly provided for in these Rules, the Council and the Tribunal shall act in accordance with the spirit and intent of these Rules and shall make every effort to make sure that the Award is made in accordance with the law of the seat and enforceable at law.

Article 12 Language

12.1 The parties are free to agree upon the language or languages to be used in the Arbitral Proceeding Unless otherwise stated in the agreement.

12.2 If a document is written in a language other than the language of the Arbitration then the Tribunal may order that party to submit a translation in a form to be determined by the Tribunal.

12.3 . In the absence of an agreement by the parties, English shall be default language or languages of the arbitration, due regard being given to all relevant circumstances, including the language of the contract.

Article 13 Statement of Claim

13.1 Claimant to file the same in accordance with rules of Arbitration Centre applicable to laws.

13.2 If the Claimant fails within the time specified to submit its Statement of Claim, the Tribunal may issue an order for the termination of the arbitral proceedings or give such other directions as may be appropriate, unless a Respondent has brought a counterclaim and wishes the arbitration to continue.

Article 14 Hearing

14.1 Unless otherwise agreed by the parties, the arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral argument, or whether the proceedings shall be conducted on the basis of documents and other materials.

14.2 The arbitral tribunal shall hold oral hearings, at an appropriate stage of the proceedings, on a request by a party, unless the parties have agreed that no oral hearing shall be held.

14.3 The parties shall be given sufficient advance notice of any hearing and of any meeting of the arbitral tribunal for the purposes of inspection of documents, goods or other property.

14.3 All statements, documents or other information supplied to, or applications made to the arbitral tribunal by one party shall be communicated to the other party, and any expert report or evidentiary document on which the arbitral tribunal may rely in making its decision shall be communicated to the parties.

Article 15 Statements of Defence and Counterclaim

15.1 Unless already submitted pursuant to Rule , the Respondent shall, within a period of time to be determined by the Tribunal at the first procedural meeting held pursuant to Rule, send to the Claimant and the Tribunal a Statement of Defence setting out its full defence to the Statement of Claim, including a statement of facts and contentions of law on which it relies. The Statement of Defence shall also state any counterclaim, which shall comply with the requirements of Rule.

15.2 If the Tribunal so determines at the first procedural meeting, the Respondent shall also attach the witness statements supporting its defence and counterclaim (if any) to its Statement of Defence.

15.3 If a counterclaim is made, the Claimant shall, within a period of time to be determined by the Tribunal at the first procedural meeting held pursuant to Rule, send to the Respondent a Statement of Defence to the Counterclaim setting out its full defence to the counterclaim, including, without limitation, a statement of facts and contentions of law on which it relies.

15.4 If the Respondent fails to submit a Statement of Defence, or, if at any stage any party fails to avail itself of the opportunity to present its case in the manner directed by the Tribunal, the Tribunal may nevertheless proceed with the arbitration.

Article 16 Statements of claim and defence

16.1 Within the period agreed upon by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting his claim, the points at issue and the relief or remedy sought, and the respondent shall state his defence in respect of these particulars, unless the parties have otherwise agreed as to the required elements of those statements.

16.2 The parties may submit with their statements all documents they consider to be relevant or may add a reference to the documents or other evidence they will submit.

16.3 The respondent, in support of his case, may also submit a counterclaim or plead a set-off, which shall be adjudicated upon by the arbitral tribunal, if such counterclaim or set-off falls within the scope of the arbitration agreement.

16.4 Unless otherwise agreed by the parties, either party may amend or supplement his claim or defense during the course of the arbitral proceedings, unless the arbitral tribunal considers it inappropriate to allow the amendment or supplement having regard to the delay in making it.

16.5 The statement of claim and defense under this Article shall be completed within a period of six months from the date the arbitrator or all the arbitrators, as the case may be, received notice, in writing of their appointment.

Article 17 Further Pleadings

17.1 All statements, documents or other information supplied to the Tribunal and the Registrar by both the parties and the final decision shall lies with the tribunal.

Article 18 Evidence

18.1 The arbitral tribunal may order that any documentary evidence shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by the arbitral tribunal.

18.2 In addition to the powers specified in these Rules, and not in derogation of the mandatory rules of law applicable to the arbitration, the Tribunal shall have the power to:
a. Conduct such enquiries as may appear to the Tribunal to be necessary or expedient.
b. Order the parties to make any property or item available for inspection.
c. order any party to produce to the Tribunal and to the other parties for inspection and to supply copies of, any document in their possession, custody or control which the Tribunal considers relevant to the case and material to its outcome; and
d. Determine any claim of legal or other privilege.

Article 19 Witnesses

19.1 Before the commencement of hearing, the Tribunal may request that parties to provide notice to identify the witnesses, including expert witnesses if any, their intended testimony and its relevance to the issues.

19.2 The Tribunal has the discretion to decide whether to allow witnesses to give oral evidence at a hearing and can limit the number of witnesses.

19.3 The Tribunal may determine how witnesses are to be examined, including allowing written testimony.

19.4 Witnesses may be questioned by the parties, or through representatives duly authorized by the parties in the order of Sequence as deems appropriate by the Tribunal.

19.5 Parties or their duly Authorized Representatives may question their own potential witnesses prior to their appearance at a hearing subject to the prior approval of the Tribunal.

19.6 The Tribunal may prior to commencement of hearing dispense with the requirement of Examining the Witnesses If Parties to the Arbitration hereby makes a formal request in writing to conduct Arbitration Proceedings strictly based upon Documentary Evidence;

19.7 The Tribunal shall not be bound to comply with the procedure specified under the Indian Evidence Act 1872 with regard to Examination of Witness or Documentary Evidence but can regulate its own procedure subject to following the Principles of Natural Justice.

Article 20 Tribunal Appointed Expert

20.1 The arbitral tribunal If deems appropriate in accordance with the facts and circumstances of a specific case and unless otherwise agreed upon by the parties to the Arbitration Proceedings may,—
a. Appoint one or more experts to report to it on specific issues to be determined by the arbitral tribunal, and
b. Require a party to give the expert any relevant information or to produce, or to provide access to, any relevant documents, goods or other property for his inspection.

20.2 The arbitral tribunal shall hereby direct the expert, to submits his written report, within a specific time frame and if deems necessary shall further direct him to participate in the oral hearing wherein the parties have the opportunity to cross-examine him asking such relevant questions to the expert witnesses in order to testify on the points at issue warranting him to give explanations.

20.3 The Parties subject to the prior approval of Arbitral Tribunal shall direct the Expert to allow the parties to arbitration the examination of documents, goods or other property in the possession of the expert with which had allowed him to arrive at the conclusion to render his opinion while dealing with the points at issue in his Written Report hereby submitted to the tribunal.

Article 21 Time Frame to Determine Final Award

21.1 The final award of the arbitral tribunal shall be rendered within six months from the date of the last signature by the arbitral tribunal or by the parties of the Terms of Reference applicable to an arbitration proceedings. The Arbitral Tribunal may set a different time limit based on the procedural timetable established. The Arbitral Tribunal may if deems appropriate extend the procedural time limit either by taking suo motu action on its own accord, without any formal written request made by the parties to arbitration or upon any formal written request made by the parties to arbitration.

21.2 If the parties to Arbitration arrive at a settlement after the file has been transmitted to the arbitral tribunal, the tribunal after recording its reasons in writing shall render its decision in form of an award by settlement made with consent of the parties, provided that the arbitral tribunal agrees upon the same and the parties to arbitration had requested it either orally or in writing.

Article 22 Relevant Factors in Determining Final Award

22.1 When there are multiple arbitrators, the award shall be passed based on majority decision. Otherwise, the president of Tribunal shall pass the award on its own after recording his reasons in writing of doing so.

22.2 The Award passed by the Arbitral Tribunal shall be a Speaking Order arrived after providing detailed reasons for arriving at its decision. After specifying the date and location of the arbitration.

22.3 The Tribunal shall close the proceedings if both parties agree that there is no more relevant evidence or pleadings to be presented.

22.4 The Tribunal must submit all draft awards to the Registrar within 30 days of closing the proceedings, unless there are exceptional circumstances. The Registrar can suggest changes to the draft award’s format and substance, but the Tribunal shall be the final decision-making authority.

22.5 The Final Award shall be issued within 30 days of the Tribunal submitting the draft award to the Registrar, unless there are exceptional circumstances and an extension is granted but in no case shall exceed a total period of 60 days.

2.6 The Tribunal can pass separate Awards on different issues and at different times.

22.7 If an arbitrator does not cooperate, the remaining arbitrators can proceed to make the Award without them.

22.8 An Award can be executed in multiple counterparts, each of which is an original. If an arbitrator fails to sign, the reason for their absence must be stated. If the majority of the Tribunal signs, the Award is final and binding, provided all arbitrators had a chance to sign.

22.9 The Registrar shall delivers certified copies of the Award upon full payment of the arbitration costs.

22.10 The Tribunal can award simple or compound interest at agreed or determined rates.

22.11 In case of a settlement, the Tribunal may issue a consent award either with or without reasons upon request by the parties, or the parties can confirm to the Registrar that a settlement has been reached.

22.12 By agreeing to arbitration under these Rules, the parties commit to carrying out the Award promptly and waive their rights to appeal or seek judicial recourse. The Award is final and binding from the date it is issued.

22.13 The AECCI –IAC can publish an Award with redacted names and identifying information and maintains the same in its registry.

Article 23 Form and Contents of Arbitral Award

23.1 An Arbitral Award shall be made in writing and shall be signed by the members of the arbitral tribunal.

23.2 For the purposes of sub-Article (i), in arbitral proceedings with more than one arbitrator, the signatures of the majority of all the members of the arbitral tribunal shall be sufficient so long as the reason for any omitted signature is stated.

23.3 The Arbitral Award shall state the reasons upon which it is based, unless—
a. the parties have agreed that no reasons are to be given, or
b. the award is an arbitral award on agreed terms under Article 32.

23.4 The Arbitral Award shall state its date and the place of arbitration as determined in accordance with Article 9 and the award shall be deemed to have been made at that place.

23.5 After the Arbitral Award is made, a signed copy shall be delivered to each party.

23.6 The Arbitral Award may, at any time during the arbitral proceedings, make an interim arbitral award on any matter with respect to which it may make a final arbitral award.
a. Unless otherwise agreed by the parties, where and in so far as an Arbitral Award is for the payment of money, the arbitral tribunal may include in the sum for which the award is made interest, at such rate as it deems reasonable, on the whole, or any part of the money, for the whole or any part of the period between the date on which the cause of action arose and the date on which the award is made.
b. A sum directed to be paid by an Arbitral Award shall, unless the award otherwise directs, carry interest at the rate of two percent. higher than the current rate of interest prevalent on the date of award, from the date of award to the date of payment.

Article 24 Setting Aside Award

24.1 The setting aside of the arbitral award granted by the AECCI- IAC Navi Mumbai, India shall follow the same proceedings as per the Arbitration and Conciliation Act, 1996 as mentioned in Sub – Article 2 (ii)

24.2 An arbitral award may be set aside by the Court only if—
a. The party making the application [establishes on the basis of the record of the arbitral tribunal that-
i. A party was under some incapacity, or
ii. The arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law for the time being in force; or
iii. The party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or
iv. The arbitral award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration:

Provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, only that part of the arbitral award which contains decisions on matters not submitted to arbitration may be set aside; or

v. The composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of this rules from which the parties cannot derogate, or, failing such agreement, was not in accordance with this Rules;or

b. the Council finds that—
i. the subject-matter of the dispute is not capable of settlement by arbitration under the law for the time being in force, or
ii. the arbitral award is in conflict with the public policy of India.

Article 25 Enforcement

25.1 Where the time for making an application to set aside the arbitral award under has expired, then, subject to the provisions of sub-Article (ii), such award shall be enforced in accordance with the provisions of the Code of Civil Procedure, 1908 (5 of 1908), in the same manner as if it were a decree of the court.

25.2 Where an application to set aside the arbitral award has been filed in the High Court under, the filing of such an application shall not by itself render that award unenforceable, unless the High Court grants an order of stay of the operation of the said arbitral award in accordance with the provisions of sub-Article (iii), on a separate application made for that purpose.

25.3 Upon filing of an application under sub-Article (2) for stay of the operation of the arbitral award, the High Court may, subject to such conditions as it may deem fit, grant stay of the operation of such award for reasons to be recorded in writing:

Provided that the High Court shall, while considering the application for grant of stay in the case of an arbitral award for payment of money, have due regard to the provisions for grant of stay of a money decree under the provisions of the Code of Civil Procedure, 1908 (5 of 1908).]

[Provided further that where the High Court is satisfied that a Prima facie case is made out that,—
a. the arbitration agreement or contract which is the basis of the award; or
b. the making of the award, was induced or effected by fraud or corruption, it shall stay the award unconditionally pending disposal of the challenge under to the award.

Explanation.—For the removal of doubts, it is hereby clarified that the above proviso shall apply to all court cases arising out of or in relation to arbitral proceedings, irrespective of whether the arbitral or High Court proceedings were commenced prior to or after the commencement of the Arbitration and Conciliation (Amendment) Act, 2015 (3 of 2016).]

Article 26 Jurisdiction

26.1 The default jurisdiction of the tribunal shall be Navi Mumbai, India unless mentioned otherwise in agreement.

26.2 In case of dispute on the Jurisdiction the Seat of Arbitration, Place of Arbitration Proceeding & termination shall be conveyed through written communication from the Parties entered into Agreement / Contract within 7 days.

Article 27 Secrecy and Confidentiality

In Addition to any provision expressly contained in any other law governing the Arbitration Proceedings conducted between the Parties to Arbitration for the time being in force, the arbitrator, the AECCI – IAC and the Parties to the Arbitration Agreement shall maintain strict secrecy & confidentially of all Arbitral Proceedings up to its conclusion except in case of Final Arbitral Award passed by the Arbitral Tribunal where its disclosure is necessary for the purpose of implementation and enforcement of such Final Arbitral Award.

Article 28 Waiver and Limited Liability

28.1 If Either party to the Arbitration Proceeding which proceeds with the arbitration without raising its objection upon failure to comply with any mandatory provision of the said AECCI – IAC Rules, or of any other express provision of law applicable to the said Arbitration proceedings, any direction given by the Arbitral Tribunal, or any requirement under the Arbitration Agreement relating to the constitution of the Arbitral Tribunal or the conduct of the proceedings, then it shall be hereby presumed that the said party to the Arbitration Proceedings had deemed to waived its right to object.

28.2 The arbitrators, any person appointed by the Arbitral Tribunal, the emergency arbitrator, the AECCI- IAC and any of its members, employees, and members of Council AECCI IAC including its Chairman shall not be liable to any person for any act or omission in connection with the arbitration, taken in Good Faith except to the extent such limitation of liability is prohibited by applicable law governing the said Arbitration Proceeding conducted between the Parties.

Article 29 Ground for Challenge or Replacement for Arbitrators

29.1 The parties are free to agree on a procedure for challenging an arbitrator.

29.2 An arbitrator may be replaced due to death, resignation accepted by the Court, challenge accepted by the Court, or at the request of all parties.

29.3 For a challenge to be admissible, it must be submitted by a party either within 30 days from receipt by that party of the notification of the appointment or confirmation of the arbitrator, or within 30 days from the date when the party making the challenge was informed of the facts and circumstances on which the challenge is based if such date is subsequent to the receipt of such notification. When an arbitrator is replaced, the Court can decide whether or not to follow the original nominating process, and the reconstituted tribunal will decide if prior proceedings need to be repeated.

29.4 If under any circumstances if the Arbitrator fails to withdraw voluntarily, the center shall conduct an inquiry.

29.5 In certain circumstances, the Court may allow the remaining arbitrators to continue the arbitration instead of replacing an arbitrator who has died or been removed by the Court, after considering the views of the parties and remaining arbitrators.

Article 30 Termination of proceedings

30.1 The arbitral proceedings shall be terminated by the final arbitral award or by an order of the arbitral tribunal under sub-Article (ii).

30.2 The arbitral tribunal shall issue an order for the termination of the arbitral proceedings where—
a. The claimant withdraws his claim, unless the respondent objects to the order and the arbitral tribunal recognizes a legitimate interest on his part in obtaining a final settlement of the dispute,
b. The parties agree on the termination of the proceedings, or
c. The arbitral tribunal finds that the continuation of the proceedings has for any other reason become unnecessary or impossible.

30.3 The mandate of the arbitral tribunal shall terminate with the termination of the arbitral proceedings.

Article 31 Default of a party

31.1 Unless otherwise agreed by the parties, where, without showing sufficient cause, if —
a. The claimant fails to communicate his statement of claim in accordance then arbitral tribunal shall terminate the proceedings;
b. The respondent fails to communicate his statement of defence in accordance then arbitral tribunal shall continue the proceedings without treating that failure in itself as an admission of the allegations by the claimant [and shall have the discretion to treat the right of the respondent to file such statement of defence as having been forfeited].
c. Either party fails to appear at an oral hearing or to produce documentary evidence, the arbitral tribunal may continue the proceedings and make the arbitral award on the evidence before it.

Article 32 Settlement

32.1 It is not incompatible with an arbitration agreement for an arbitral tribunal to encourage settlement of the dispute and, with the agreement of the parties, the arbitral tribunal may use mediation, conciliation or other procedures at any time during the arbitral proceedings to encourage settlement.

32.2 If, during arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the proceedings and, if requested by the parties and not objected to by the arbitral tribunal, record the settlement in the form of an arbitral award on agreed terms.

32.3 An arbitral award on agreed terms shall be made in accordance with Article 23 and shall state that it is an arbitral award.

32.4 An arbitral award on agreed terms shall have the same status and effect as any other arbitral award on the substance of the dispute.

Article 33 Deposits

33.1 The arbitral tribunal may fix the amount of the deposit or supplementary deposit, as the case may be, as an advance for the costs, which it expects will be incurred in respect of the claim submitted to it:
Provided that where, apart from the claim, a counter-claim has been submitted to the arbitral tribunal, it may fix separate amount of deposit for the claim and counter-claim.

33.2 The deposit referred to in sub-Article (i) shall be payable in equal shares by the parties:
Provided that where one party fails to pay his share of the deposit, the other party may pay that share:
Provided further that where the other party also does not pay the aforesaid share in respect of the claim or the counter-claim, the arbitral tribunal may suspend or terminate the arbitral proceedings in respect of such claim or counter-claim, as the case may be.

33.3 Upon termination of the arbitral proceedings, the arbitral tribunal shall render an accounting to the parties of the deposits received and shall return any unexpended balance to the party or parties, as the case may be.

Article 34 Rectification of Final and Additional Award

34.1 Within fifteen days from the receipt of the Arbitral Award, unless another period of time has been agreed upon by the parties—
a. a party, with notice to the other party, may request the Arbitral Award to correct any computation errors, any clerical or typographical errors or any other errors of a similar nature occurring in the award;
b. if so agreed by the parties, a party, with notice to the other party, may request the arbitral tribunal to give an interpretation of a specific point or part of the award.

34.2 If the arbitral tribunal considers the request made under sub-Article (I) to be justified, it shall make the correction or give the interpretation within fifteen days from the receipt of the request and the interpretation shall form part of the arbitral award.

34.3 The arbitral tribunal may correct any error of the type referred to in clause (a) of sub-Article (I), on its own initiative, within fifteen days from the date of the arbitral award.

34.4 Unless otherwise agreed by the parties, a party with notice to the other party, may request, within fifteen days from the receipt of the arbitral award, the arbitral tribunal to make an additional arbitral award as to claims presented in the arbitral proceedings but omitted from the arbitral award.

34.5 If the Arbitral Tribunal considers the request made under sub-Article (iv) to be justified, it shall make the additional arbitral award within thirty days from the receipt of such request.

34.6 The arbitral tribunal may extend, if necessary, the period of time within which it shall make a correction, give an interpretation or make an additional arbitral award.

34.7 Article shall apply to a correction or interpretation of the arbitral award or to an additional arbitral award made under this Article.

Article 35 Payment of Arbitration Cost

35.1 In relation to any arbitration proceeding under the said Rules the Arbitral Tribunal, shall have the discretion to determine—
a. Whether costs are payable by one party to another;
b. The amount of such costs; and
c. When such costs are to be paid.
Explanation.—For the purpose of this sub-Article, “costs” means reasonable costs relating to—
i. The fees and expenses of the Arbitrators, Expert and Witnesses;
ii. Legal fees and expenses;
iii. Any administration fees of the AECCI International Arbitration Center supervising the arbitration; and
iv. Any other expenses incurred in connection with the arbitral award.

35.2 If the arbitral tribunal decides to make an order as to payment of costs,—
a. The general rule is that the unsuccessful party shall be ordered to pay the costs of the successful party; or
b. The Court or Arbitral Tribunal may make a different order for reasons to be recorded in writing.

35.3 In determining the costs, the Court or Arbitral Tribunal shall have regard to all the circumstances, including—

a. The conduct of all the parties;

b. Whether a party has succeeded partly in the case;

c. Whether the party had made a frivolous counterclaim leading to delay in the disposal of the arbitral proceedings; and

d. Whether any reasonable offer to settle the dispute is made by a party and refused by the other party.

35.4 The Court or Arbitral Tribunal may make any order under this Article including the order that a party shall pay—

a. A proportion of another party’s costs;

b. A stated amount in respect of another party’s costs;

c. Costs from or until a certain date only;

d. Costs incurred before proceedings have begun;

e. Costs relating to particular steps taken in the proceedings;

f. Costs relating only to a distinct part of the proceedings; and

g. Interest on costs from or until a certain date.

35.5 An agreement which has the effect that a party is to pay the whole or part of the costs of the arbitration in any event shall be only valid if such agreement is made after the dispute in question has arisen.

Article 36  Schedule of Fee

36.1 To know about schedule of fees, Kindly Click on the above link SCHEDULE FEE