Rules of Arbitration of ADREdge an online dispute resolution platform owned and managed by Frugal Scientific Private Limited (ADREdge)

Introduction

Welcome to the ADREdge, a premier online alternate dispute resolution platform dedicated to advancing arbitration and mediation as an efficient dispute resolution mode. At ADREdge, we are committed to providing a dynamic, efficient, and independent platform for resolving disputes through arbitration, combining cutting-edge technology with expert knowledge. Our institute offers a comprehensive suite of services designed to facilitate fair, transparent, cost-effective, and timely resolution of disputes. With a focus on innovation, integrity, and excellence, ADREdge strives to set new standards in the arbitration landscape, serving the needs of parties, legal professionals, and arbitrators alike.

1. Title and Commencement

1.1 These ADREdge online platform rules of Arbitration have been framed by the experts and will be applicable to all matters referred to ADREdge till further notice. These rules shall be construed and read in consonance with the Arbitration & Conciliation Act, 1996.

2. Definition

In the Rules:

2.1 All other undefined terms/expressions shall have the same meaning as have been assigned to them in the Act.

2.2 ADREdge aims to offer a dependable and effective institutional framework for managing the high volume of small claims, ensuring both cost and time efficiency in dispute resolution. To achieve this, all claims are categorized into three distinct groups as outlined below:

Class Claim Value / Amount in Dispute (INR)
1 Up to 20 Lakhs
2 From 20,00,001 to 1,00,00,000
3 Above 1,00,00,000

3. Panel of Arbitrators / Appointment

3.1 The panel will consist of retired judges, advocates, chartered accountants, engineers, or other relevant professionals, all of whom are qualified as per statutory provisions and enrolled on the platform and approved by ADREdge.

4. Reference to ADREdge for Arbitration

4.1 A party may request arbitration from ADREdge by registering its claims online and thereby notifying the other party/ies along with a copy of claim and supporting documents as mentioned in Annexure A hereunder.

5. Constitution of Tribunal

5.1 ADREdge will appoint the Sole Arbitrator or such Tribunal from the Panel by random selection through its software and by means of an algorithm.

5.2 ADREdge shall notify such Tribunal of its constitution for the reference and will seek online consent and disclosure from proposed Arbitrator/s as required under the Act before finalizing their appointment.

5.3 On such finalization and disclosures as required under the Act, the tribunal shall stand constituted.

5.4 ADREdge shall communicate the constitution of the arbitral tribunal to the parties.

6. Replacement of Arbitrator/s

6.1 Replacement of arbitrator shall be governed by the extant provision of the Act.

7. Directions to Parties

7.1 Within 10 days of appointment, the Tribunal will issue directions regarding procedure, submissions, evidence, etc., and provide copies of claims/application for interim measures as received by it to the opposite party.

8. Conduct of Arbitration Proceedings

8.1 The Tribunal will conduct proceedings consistent with the Act and principles of natural justice.

8A. Consolidation of Arbitrations

At the request of a party, the Tribunal may consolidate two or more arbitrations pending under these Rules into a single arbitration if:

In deciding on consolidation, the Tribunal may consider relevant factors, including whether any arbitrators have been confirmed or appointed in multiple arbitrations, and if so, whether the same or different individuals are involved.

Upon consolidation, the arbitrations will be merged into the arbitration that commenced first, unless all parties agree otherwise.

8B. Interim Measures

1. Unless otherwise agreed by the parties, once the file has been transmitted to it, the arbitral tribunal may, upon the request of a party, order any interim or conservatory measure it deems appropriate. The Tribunal may require the requesting party to provide appropriate security in connection with the measure.

2. The arbitral tribunal may, at any time during the proceedings, modify or revoke an interim measure.

3. The Tribunal shall have no power to grant any form of preliminary relief or interim measure before it has been properly constituted, except where, in the opinion of the Tribunal, such measures are required to protect the rights of the parties.

9. Language

9.1 The arbitration shall be conducted in English unless otherwise agreed by the parties.

10. Place of Arbitration

10.1 The place of arbitration shall be as specified in the agreement or as determined by ADREdge or the Tribunal.

11. Costs

11.1 The Tribunal will determine the costs of arbitration, including fees and expenses.

12. Confidentiality

12.1 All proceedings and materials shall be confidential, except as required by law or with the consent of the parties.

13. Service of Documents

13.1 Parties shall affect service of documents etc. either by uploading such documents using the login credentials ADREdge platform or forwarding the same to ADREdge on e-mail id admin@adredge.com or registered post at the following Address:Frugal Scientific Pvt Ltd #301/302, 3rd Floor, Saket Callipolis, Sarjapur Main Rd, Doddakannelli, Bengaluru,560035, Karnataka. All such documents received by ADREdge will be uploaded on the platform in such a manner that it shall be freely accessible to the Arbitral Tribunal and all parties to the dispute.

14. Admissibility of Evidence

14.1 The Tribunal will determine the admissibility, relevance, and weight of evidence.

15. Appearance Before Tribunal

15.1 Parties may appear in person or through authorized representatives. Changes in representation must be communicated promptly. The Parties may further choose to appear in person or through a virtual mode using the link for video conference sent to them through various modes including but not limited to SMS/ e-mail/ WhatsApp/ registered post.

16. Hearings

16.1 The Tribunal will schedule hearings unless the parties agree to a documents-only arbitration.

17. Witnesses, Including Expert Witnesses

17.1 The Tribunal will direct the filing of witness evidence and may allow or limit witness appearances.

18. Applicable Law

18.1 The Tribunal will apply the law designated by the parties for all International commercial arbitrations or, in the absence of designation, the law it considers appropriate. In any case for all domestic arbitration, the law of India shall apply without exception.

19. Fast-Track Procedure

19.1 The parties may request a fast-track procedure for quicker resolution, which may involve written submissions only and a six-month timeframe for the award.

20. Award by the Tribunal

20.1 The Tribunal will issue a written award within the period specified by the Act, with reasons unless otherwise agreed. Majority decisions in multi-member Tribunals will prevail.

21. Settlement Between Parties & Consent Award

21.1 The Tribunal may record any settlement as a Consent Award, binding on the parties.

22. Award of Interest

22.1 The Tribunal may award interest on monetary claims as deemed reasonable as per provisions of the Act.

22.A Closing of the Proceedings

Once the last hearing on the matters to be decided in the award has concluded or the final authorized submissions on such matters have been filed, whichever occurs later, the arbitral tribunal shall:

23. Award to be Delivered Directly to the Parties

23.1 The Tribunal must deliver the certificated copies of the award to the parties directly. The ADREdge will be provided the original Arbitral award along with original Arbitrator’s records (if any) and all service proof.

24. Retention of Records

24.1 Unless otherwise agreed by the referring party, ADREdge shall retain the original arbitral file for a period of 120 days post the award date and return the same to the party making the reference.

25. Liability of Tribunal/ADREdge

25.1 Tribunal members and ADREdge staff are not liable for acts or omissions in connection with any arbitration proceeding/award.

26. Fees

26.A For ADREdge

For claims classified under Class 1 and 2, the Claimant is required to pay a registration fee that covers the Arbitrator’s fee as well as all administrative costs. For claims classified under Class 3, the Claimant will pay a registration fee set periodically by ADREdge to cover administrative expenses. The Arbitrator’s fee for Class 3 claims will be determined in accordance with the provisions of the Act.

26.B For Arbitrator

For claims classified under Class 1 and 2, arbitrators will receive a monthly retainer based on the number of cases assigned to them by ADREdge. For claims classified under Class 3, arbitrators’ fees will be fixed as per provisions and relevant schedule of the Act.

Part III - General

27. Rules to Prevail Over Contract

27.1 These Rules apply regardless of any contractual provisions to the contrary.

28. Statutory Provisions to Prevail Over Rules

28.1 Statutory provisions will prevail over any conflicting Rule.

29. Revision of Rules and/or Schedule of Fees

29.1 ADREdge may revise these Rules or the Schedule of Fees as necessary.