How to file an Arbitration claim

The law which governs Arbitration in India is Arbitration and Conciliation Act,1996

The claimant shall submit a written Request for initiation of Arbitration to the Arbitration Institute or the Ad-hoc Arbitrator, as the case may be.

Section 23 of Arbitration and Conciliation Act,1996

Section 23. Statements of claim and defence. - (1) Within the period of time 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.

(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.

[(2A) 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.]

(3) Unless otherwise agreed by the parties, either party may amend or supplement his claim or defence 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.

[(4) The statement of claim and defence under this section 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.]

Arbitration Claim Petition shall contain

(a) the names and contact details of the parties and of their counsel or other representatives;

(b) identification of and, where possible, a copy of the arbitration agreement under which the dispute is to be settled;

(c) identification of any contract, other legal instrument or relationship out of or in relation to which the dispute arises;

(d) a brief description of the nature and circumstances of the dispute giving rise to the claims;

(e) where claims are made under more than one arbitration agreement, identification of the arbitration agreement under which each claim is made;

(f) a preliminary statement of the relief sought, together with the amounts of any quantified claims and, to the extent possible, an estimate of the monetary value of any other claims;

(g) the claimant’s observations or proposals as to the number of arbitrators, the language, the seat of arbitration and the law or rules of law applicable to the substance of the dispute;

(h) if the arbitration agreement provides for three arbitrators, and the parties have not agreed otherwise, the name and contact details of the arbitrator nominated by the claimant; and

(i) proof of payment of the Filing Fee applicable.

IDRC Domestic Arbitration Rules, 2019

Under the Indian Dispute Resolution Centre Domestic Arbitration Rules, 2019 or IDRC Domestic Arbitration Rules, 2019 Part IV pertains to conduct of Arbitration. 

PART IV. CONDUCT OF ARBITRATION

Article 13 - General Provisions

Article 14 - Seat and Venue of the Arbitration

Article 15 - Language

Article 16 - Statement of Claim

Article 17 - Statement of Defence

Article 18 - Amendments to the Claim or Defence

Article 19 - Jurisdiction of the Arbitral Tribunal

Article 20 - Further Written Statements

Article 21 - Time Limits

Article 22 - Evidence and Hearings

Article 23 - Interim Measures of Protection

Article 24 - Emergency Arbitration

Article 25 - Tribunal-Appointed Experts

Article 26 - Default in completion of pleadings

Article 27 - Joinder of Additional Parties

Article 28 - Consolidation of Arbitrations

Article 29 - Single Arbitration under Multiple Contracts

Article 30 - Concurrent Proceedings

Article 31 - Closure of Proceedings

Article 32 - Waiver

IDRC is a state of the art Digital ADR Platform

The IDRC has a state of the art Digital Platform to carry out Virtual, Hybrid as well as Physical Arbitrations. It has its indegenously developed eADR Software which has as eFiling facility as well.

eFiling - The eADR Software provides for 24x7 eFiling of Arbitration, Mediation and Conciliation Claim Petitions/ Applications by Registered Advocates/Law Firms and Litigants/Corporates. Registration of Advocates/Law Firms and the Registration of Litigants/Corporates is a very simple process. Once the same is done they simply need to Login to their personal Dashboard and the Step by Step Guide to eFiling of Claim Petitions. All the Petitions, Replies, Applications and other Documents can be digitally signed before and after eFiling is carried out. 

eHearing/Virtual Hearing – The eADR Software has inbuilt World renowned Video Conferencing Platforms which are total y secured with end to end encryption and Licensing. The VC Platform has facility to arrange eHearing participation of up to 100 Persons. The has the facility to carry out discrete hearing in Breakaway VC Rooms even while the Arbitral Proceeding s are underway. The eHearings are accessed through password and can be attended through desktops, laptops and mobile phones as well. There is an option to record the complete hearing and even live stream it on demand.

eProceedings – There is a functionality in the IDRC’s eADR Software to record the eProceedings in a multifunction Textbox available within the eFiled Case Page. Once the proceedings are entered it gets converted into PDF and can be eSigned in the IDRC Cloud Server itself. Once signed it becomes a permanent record which cannot be altered. Its eCopy can be shared with all stake holder via eMail.

eSignatures – One of the most convenient feature of eADR Portal is facility to append eSignatures to the Petition, Reply, Application, Documents and Proceeding Sheets. The eSignatures can be appended through DSC (Digital Signature Cards) or even through more convenient eAadhaar and mobile phone.

eCertified Copy - The eADR Software has a unique feature whereby one can apply online for obtaining eCertified Copy of any Document, Proceeding Award, Settlement od the entire Case File. The same shall be provided by the IDRC duly Certified either by the Arbitrator or the Secretary General of IDRC on payment of requsite fees..

Cloud Servers with 24x7 Access – IDRC has state of the art secured Cloud Servers for hosting its eADR Software. Registered users can access the same 24x7 from the comfort of their Home or Office and use the same for uploading the Documents and download the proceeding sheets etc.