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Table of Contents
Part I: General Rules
1. Short Title, Extent and Application
2. Definitions and Interpretations
Part II - Arbitration Rules
3. Commencement of Arbitration
4. Appointment of Case Manager and Pre-Arbitration Call
5. Constitution of Arbitral Tribunal
6. Administrative Assistance under Ad-Hoc Arbitration
7. Declaration by Appointed Arbitrator
8. Challenge of Arbitrators
9. Fast Track Arbitration
10. Date of Commencement of Arbitral Proceedings
11. Interim Relief
12. Emergency Arbitration
13. Statement of Claim
14. Statement of Defense and Counter-Claim
15. Amendments to Pleadings
16. Further Pleadings
17. Presentation of Witness
18. Expert appointed by Arbitral Tribunal
19. Evidence
20. Hearing
21. Adjournment
22. Default
23. Timelines for grant of Award
24. Making and contents of Arbitral Award
25. Modification of Arbitral Award
26. Termination of arbitration proceedings
27. Place and Date of Arbitration
28. Finality of the Arbitral Award
29. Applicable law
Part III - Conciliation Rules
30. Commencement of Conciliation
31. Notification of Conciliation
32. Appointment of Case Manager and Pre-Conciliation Call
33. Appointment of conciliator
34. Challenge to conciliator
35. Statements before conciliator
36. Role of conciliator
37. Cooperation of parties with conciliator
38. Conciliation Agreement
39. Termination of Conciliation
40. No commencement of Arbitration proceedings or judicial proceedings
41. Admissibility of Conciliation proceedings in other proceedings
42. Representation and Assistance
43. Date of Commencement of Conciliation Proceedings
Part IV - Mediation Rules
44. Commencement of Mediation
45. Notification of Mediation
46. Appointment of Case Manager and Pre-Mediation Call
47. Appointment of mediator
48. Challenge to mediator
49. Statements before mediator
50. Role of mediator
51. Cooperation of parties with mediator
52. Mediation Agreement
53. Termination of Mediation
54. No commencement of Arbitration proceedings or judicial proceedings
55. Admissibility of Mediation proceedings in other proceedings
56. Representation and Assistance
57. Date of Commencement of Mediation Proceedings
Part V: Miscellaneous Provisions
58. Stamp Duty
59. Protection against any act done in good faith
60. Maintenance of data and records by A&T Partners
61. Confidentiality
62 Monitoring of proceedings
63 Exclusion of liability
64 Language
65 Procuring a verified copy
66 Amendment to A&T PARTNERS Rules
67 Working Hours
69 Waiver of the right to object
70 Fees
71 Succession
72 A&T PARTNERS ODR Platform
73 Jurisdiction
Part I: General Rules
1. Short Title, Extent and Application
1.1. Where parties have agreed to refer their disputes to A&T PARTNERS for resolution through arbitration, mediation or conciliation, the parties shall be deemed to have agreed that such arbitration, mediation or conciliation shall be conducted and administered in accordance with these rules, as amended from time to time (subsequently to referred as “A&T PARTNERS Rules” in short). A&T PARTNERS Rules include the rules, guidelines, code(s) of conduct, protocols, terms and conditions, policies, annexures etc. which are fundamental in the working of the A&T PARTNERS ODR Platform (as defined below).
1.2. If any of the A&T PARTNERS Rules are in conflict with the mandatory provisions of law applicable to arbitration, mediation, conciliation or the agreement between the parties from which such parties cannot derogate, such mandatory provisions or agreements shall prevail, as the case may be.
1.3. These A&T PARTNERS Rules will apply automatically in the form of binding nature and shall apply to each arbitration, mediation or conciliation commenced under A&T PARTNERS Rules on or after July 6, 2021.
2. Definitions and Interpretations
2.1. In these A&T PARTNERS Rules, the following words shall have the following meanings:
(a) “Arbitral Tribunal” shall mean an arbitrator or a panel of arbitrators appointed under A&T PARTNERS Rules.
(b) “Arbitration Act” shall mean the Arbitration and Conciliation Act, 1996 as amended from time to time.
(c) “Arbitration Notification” shall mean written communication sent by A&T PARTNERS when one of parties to A&T PARTNERS Arbitration Clause commences arbitration as per the A&T PARTNERS Rules and shall contain all the information uploaded by the Claimant on the A&T PARTNERS ODR Platform.
(d) “Award” shall mean any interim award, final award or any additional award as per the Arbitration Act.
(e) “Case Manager” shall mean the individual appointed by A&T PARTNERS to provide administrative and secretarial services to the DRP and the parties to any proceedings under A&T PARTNERS Rules.
(f) “Claimant” shall mean:
(i) in the case of arbitration proceedings under A&T PARTNERS Rules, the party initiating the claim;
(ii) In the case of conciliation proceedings under A&T PARTNERS Rules, the party initiating dispute resolution under Part III of A&T PARTNERS Rules;
(iii) in the case of mediation proceedings under A&T PARTNERS Rules, the party initiating dispute resolution under Part IV of A&T PARTNERS Rules.
(g) “Conciliation Notification” shall mean written communication sent by A&T PARTNERS when one of parties to A&T PARTNERS Conciliation Clause commences conciliation as per the A&T PARTNERS Rules and shall contain all the information uploaded by the Claimant on the A&T PARTNERS ODR Platform.
(h) “Court” shall mean the meaning ascribed to the term under the Arbitration Act.
(i) “DRP” shall mean an independent person who is appointed by A&T PARTNERS as an arbitrator, mediator or conciliator to resolve the dispute under A&T PARTNERS Rules.
(j) “DRP Review Committee” shall mean the committee of the experts constituted by A&T PARTNERS which determines the questions raised in relation to the A&T PARTNERS Rules, including disputes over the appointment of DRPs, their replacement or other related matters.
(k) “Invitation to Arbitration” shall mean the invitation sent by one party to another party to participate in the arbitration proceedings under A&T PARTNERS Rules.
(l) “Invitation to Conciliation” shall mean the invitation sent by one party to another party to participate in the conciliation proceedings under A&T PARTNERS Rules.
(m) “Invitation to Mediation” shall mean the invitation sent by one party to another party to participate in the mediation proceedings under A&T PARTNERS Rules.
(n) “Letter of Request” shall mean the request made by the Claimant to A&T PARTNERS to conduct proceedings under A&T PARTNERS Rules on the A&T PARTNERS ODR Platform, which should be in a form and manner similar to the template provided in Annexure II.
(o) “Mediation Notification” shall mean written communication sent by A&T PARTNERS when one of parties to A&T PARTNERS Mediation Clause commences mediation as per the A&T PARTNERS Rules and shall contain all the information uploaded by the Claimant on the A&T PARTNERS ODR Platform.
(p) “Panel” shall mean the panel of DRP available with A&T PARTNERS, which is available on www.atlegalodr.com
(q) “Pleadings” shall mean the following, as may be amended by the Parties in accordance with A&T PARTNERS Rules:
(i) Statement of Claim;
(ii) Statement of Defense, if any;
(iii) Counter-claim, if any;
(iv) Rejoinder to the Statement of Defense;
(v) Reply to the counterclaim;
(vi) Rejoinder to counter claim’s reply; and/or
(vii) any other additional document or amended pleadings, as the Arbitral Tribunal may decide.
(r) “Pre-Arbitration Call” shall mean the introductory call made by the Case Manager to the parties to arbitration proceedings under A&T PARTNERS Rules individually, wherein certain key information with regard to arbitration proceedings is communicated to the parties.
(s) “Pre-Arbitration Notice” shall mean the notice of arbitration sent by the Claimant under section 21 of the Arbitration Act, which shall be in a form and manner similar to Annexure III.
(t) “Pre-Conciliation Call” shall mean the introductory call made by the Case Manager to the parties to conciliation proceedings under A&T PARTNERS Rules individually, wherein certain key information with regard to conciliation proceedings is communicated to the parties.
(u) “Pre-Mediation Call” shall mean the introductory call made by the Case Manager to the parties to mediation proceedings under A&T PARTNERS Rules individually, wherein certain key information with regard to mediation proceedings is communicated to the parties.
(v) “Respondent” shall mean the party called upon to issue a response to a claim filed by the Claimant in arbitration proceedings under A&T PARTNERS Rules;
(w) “A&T PARTNERS” shall mean ODR Ways Solutions.
(x) “A&T PARTNERS Arbitration Clause” shall mean an agreement between the parties to resolve their dispute through arbitration or conducting arbitration proceedings and its associated administrative services through A&T PARTNERS on the A&T PARTNERS ODR Platform, which has been agreed by the parties either prior or post the occurrence of the dispute:
(i) in writing, as a clause which is a part of the main contract between the parties or as a separate arbitration agreement; or
(ii) on A&T PARTNERS ODR Platform.
(y) “A&T PARTNERS Conciliation Clause” shall mean an agreement between the parties to resolve their dispute through conciliation or conducting conciliation proceedings and its associated administrative services through A&T PARTNERS on the A&T PARTNERS ODR Platform, which has been agreed by the parties either prior or post the occurrence of the dispute:
(i) in writing, as a clause which is a part of the main contract between the parties or as a separate agreement; or
(ii) on A&T PARTNERS ODR Platform.
(z) “A&T PARTNERS Mediation Clause” shall mean an agreement between the parties to resolve their dispute through mediation or conducting mediation proceedings and its associated administrative services through A&T PARTNERS on the A&T PARTNERS ODR Platform, which has been agreed by the parties either prior or post the occurrence of the dispute:
(i) in writing, as a clause which is a part of the main contract between the parties or as a separate agreement; or
(ii) on A&T PARTNERS ODR Platform.
(aa) “A&T PARTNERS ODR Platform” shall mean the internet-based dispute resolution platform developed by A&T PARTNERS with the domain name as www.atlegalodr.com
(bb) “Statement of Claim” shall mean a statement from the Claimant containing the following:
(i) A statement of fact supporting the claim;
(ii) The grounds or arguments (if any) supporting the claim;
(iii) The relief(s) claimed along with the amount of claim, if ascertainable.
(cc) “Statement of Defense” shall mean a statement from the Respondent(s) containing the full defense to the Statement of Claim, which shall include:
(i) a statement of facts and contentions supporting such defense;
(ii) The relief(s) claimed, if any;
2.2. In the A&T PARTNERS Rules, unless a contrary intention appears:
(a) “law” shall mean, applicable, constitution, statute, law, rule, regulation, ordinance, judgement, order, decree, authorisation, or any published directive, guideline, notice, requirement or governmental restriction, having the force of law in any jurisdiction; and
(b) “person” includes an individual, corporation, partnership, joint venture, association of persons, trust, unincorporated organisation, government (central, state or otherwise), sovereign state, or any agency, department, authority or political subdivision thereof, international organisation, agency or authority (in each case, whether or not having separate legal personality) and shall include their respective successors and assigns and in case of an individual shall include his legal representatives, administrators, executors and heirs and in case of a trust shall include the trustee or the trustees for the time being.
(c) the terms “hereof”, “herein”, “hereby”, “hereto” and derivatives or similar words refer to this entire A&T PARTNERS Rules;
(d) reference to a gender shall include references to the female, male and neuter gender;
(e) reference to a law or a provision of law is a reference to that law or that provision of law as amended or re-enacted from time to time;
(f) the singular includes the plural (and vice versa);
(g) the headings in the A&T PARTNERS Rules are inserted for convenience of reference only and are to be ignored in construing and interpreting the A&T PARTNERS Rules;
(h) reference to the words “include” or “including” shall be construed without limitation;
(i) reference to “signature” under the A&T PARTNERS Rules shall include electronic signature under the Information Technology Act, 2000, as amended from time to time.
(j) reference to arbitration proceedings under A&T PARTNERS Rules shall include ‘international commercial arbitration’ as defined in the Arbitration Act;
(k) a time of day is a reference to Indian Standard Time.
(l) reference of any number of days shall mean such number of days (other than a Saturday or Sunday) where A&T PARTNERS is open for its ordinary business activities.
(m) any reference to A&T PARTNERS Rules shall include rules, guidelines, code of conduct, protocols, terms and conditions, policies, annexures etc. which are fundamental in the working of the A&T PARTNERS ODR Platform and are available at: www.atlegalodr.com
(n) words and abbreviations which have well known technical, trade or commercial meaning, are used in these A&T PARTNERS Rules in accordance with such meaning;
(o) reference to any article, clause, annexure or schedule means an article or clause of, or an annexure or schedule to the A&T PARTNERS Rules.
Part II - Arbitration Rules
3. Commencement of Arbitration
3.1. Arbitration proceedings under the A&T PARTNERS Rules shall commence:
(a) in case the parties have an existing A&T PARTNERS Arbitration Clause, then in accordance with Rule [3.2];
(b) in case the parties do not have an existing A&T PARTNERS Arbitration Clause, then in accordance with Rule [3.3.];
(c) on receipt of an order of court referring the parties to an arbitration.
3.2. Any party to an existing A&T PARTNERS Arbitration Clause may initiate an arbitration proceeding on the A&T PARTNERS ODR Platform by registering themselves and providing the following on the A&T PARTNERS ODR Platform:
(a) Full name and contact details of the parties to arbitration (including full address of both parties, email addresses and registered mobile numbers);
(b) copy of Pre-Arbitration Notice;
(c) copy of A&T PARTNERS Arbitration Clause;
(d) Letter of Request;
(e) any agreement or contract out of or in connection with which the dispute has arisen;
(f) Statement of Claim (along with supporting documents and Statement of Verification);
(g) a statement of any matters which the parties have previously agreed to as to the conduct of the arbitration or with respect to which the Claimant wishes to make a proposal (such as the number of arbitrators, applicable of law, the language of the arbitration and seat of arbitration);
(h) such other documents and information relevant to the dispute, as deemed fit by Claimant.
3.3. Any party which has not previously agreed to a A&T PARTNERS Arbitration Clause may initiate an arbitration proceeding on the A&T PARTNERS ODR Platform by registering themselves on A&T PARTNERS ODR Platform and inviting the other party to resolve the dispute through arbitration under A&T PARTNERS Rules, in the following manner:
(a) Such party may send an Invitation to Arbitration (through A&T PARTNERS ODR Platform or otherwise) to the other party which should contain the following:
(i) Request to refer the dispute to arbitration on A&T PARTNERS ODR Platform in accordance with A&T PARTNERS Rules;
(ii) a statement briefly describing the nature and circumstances of the dispute;
(iii) time frame to accept the Invitation to Arbitration (if required);
(iv) such other documents and information relevant to the dispute, as deemed fit by Claimant.
(b) If the other party accepts the Invitation to Arbitration (in writing or through A&T PARTNERS ODR Platform) within 7 days from the date of the receipt of the Invitation to Arbitration or within the time frame mentioned in the Invitation to Arbitration, then:
(i) it will amount to a A&T PARTNERS Arbitration Clause between the parties and the other party would be required to register themselves on the A&T PARTNERS ODR Platform;
(ii) In case the Invitation to Arbitration does not amount to or include a Pre-Arbitration Notice, such Pre-Arbitration Notice shall be served on the other party by the inviting party and a copy of the same has to be uploaded on the A&T PARTNERS ODR Platform within 7 (seven) days from the other party accepting the Invitation to Arbitration;
(iii) such Claimant shall upload the following document to initiate the arbitration proceedings under A&T PARTNERS Rules:
a. Full name and contact details of the parties to arbitration (including full address of both parties, email addresses and registered mobile numbers);
b. a copy of Pre-Arbitration Notice (if served separately in accordance with sub-clause (ii) above);
c. copy of the A&T PARTNERS Arbitration Clause;
d. Letter of Request;
e. any agreement or contract out of or in connection with which the dispute has arisen;
f. Statement of Claim (along with supporting documents and Statement of Verification);
g. such other documents and information relevant to the dispute, as deemed fit by Claimant.
(c) If the other party does not accept or fails to respond to the Invitation to Arbitration within the stipulated time as mentioned in sub-clause (b) above, then A&T PARTNERS shall notify the inviting party and close the case.
3.4. If any Court makes an order directing that an arbitration be held under A&T PARTNERS Rules, in addition to the documents listed in clause 3.2, the Claimant shall file such order of that Court or a copy thereof.
3.5. A&T PARTNERS shall send an Arbitration Notification to the parties to the arbitration upon successful registration on the A&T PARTNERS ODR Platform by:
(a) the Claimant under clause 3.2; or
(b) all the parties to the arbitration under clause 3.3 and clause 3.4.
3.6. In case one party to A&T PARTNERS Arbitration Clause has filed suit in any court with respect to the same subject matter, then upon request by the other party to A&T PARTNERS Arbitration Clause the arbitration proceedings in accordance with A&T PARTNERS Rules shall continue by recording any objections as to jurisdiction by the party who has initiated such suit. The party seeking to continue with the arbitration proceedings under A&T PARTNERS Rules, if served in such suit, shall file necessary application(s) to appraise the court of the existence of the A&T PARTNERS ODR Clause.
3.7. In the event that Claimant fails to provide any information or comply with any of the requirements referred hereinabove, the Case Manager may fix a time not exceeding 30 days from receipt of Letter of Request by A&T PARTNERS within which the Claimant must comply, failing which the file shall be closed without prejudice to the Claimant’s right to resubmit the same Claim at a later date in another Letter of Request.
3.8. If any information or particulars regarding the A&T PARTNERS Arbitration Clause furnished by Claimant with the Letter of Request for arbitration is found to be incorrect or false, at any time subsequently, A&T PARTNERS shall have the power to reject the application for arbitration.
4. Appointment of Case Manager and Pre-Arbitration Call
4.1. A&T PARTNERS shall appoint a Case Manager within one (1) day from the receipt of Letter of Request by A&T PARTNERS and successful registration on the ODR Platform and shall notify all the parties to the dispute of the appointment of a Case Manager.
4.2. Case Manager shall conduct a Pre-Arbitration Call with the parties within two [2] days from the appointment of such Case Manager to explain the procedure of the arbitration proceedings under the A&T PARTNERS Rules, details of the constitution of the Arbitral Tribunal, factual details of the dispute, and timeline to submit the written submissions and documents as prescribed under A&T PARTNERS Rules.
5. Constitution of Arbitral Tribunal
5.1. Unless otherwise agreed by the parties to arbitration, a sole arbitrator shall be appointed by A&T PARTNERS to constitute the Arbitral Tribunal within two (2) days from the receipt of the Letter of Request by A&T PARTNERS and such constitution of Arbitral Tribunal shall be notified to the parties forthwith.
5.2. In case the parties have agreed for appointment of more than one arbitrator to constitute the Arbitral Tribunal, A&T PARTNERS shall appoint such number of arbitrators as agreed by the parties within two (2) days from the receipt of the Letter of Request by A&T PARTNERS and such constitution of Arbitral Tribunal shall be notified to the parties forthwith.
5.3. All arbitrators shall be appointed by A&T PARTNERS from the Panel through a proprietary algorithm of A&T PARTNERS that takes into account the following parameters of the DRP:
(a) experience;
(b) subject matter expertise;
(c) language;
(d) training; and
(e) availability.
6. Administrative Assistance under Ad-Hoc Arbitration
6.1. Nothing in the A&T PARTNERS Rules, shall prevent parties to a dispute or arbitration agreement from naming A&T PARTNERS as the appointing authority in an ad-hoc arbitration (conducted outside the terms of Rule 3 above), without subjecting the arbitration to the provisions contained in the A&T PARTNERS Rules. In such circumstances, A&T PARTNERS may in its discretion act as the appointing authority in accordance with the parties’ agreement. The party requesting the appointment shall pay the appointment fees in force at the time of such request.
7. Declaration by Appointed Arbitrator
7.1. A declaration in accordance with Section 12 read with Fifth Schedule, Sixth Schedule and Seventh Schedule of the Arbitration Act shall be made by the arbitrator appointed by A&T PARTNERS in relation to his independence, impartiality and competence within one (1) day from such appointment.
8. Challenge of Arbitrators
8.1. Any arbitrator appointed by A&T PARTNERS may be challenged by either parties if circumstances exist that give rise to justifiable doubts as to the arbitrator’s impartiality or independence, or if the arbitrator becomes de jure or de facto unable to fulfil their functions or is not fulfilling those functions in accordance with the A&T PARTNERS Rules or within the prescribed time limits.
8.2. Any party to arbitration may challenge the appointment of arbitrator(s) on the grounds described above or provided in the Arbitration Act. Such challenge to the arbitrator must be made within three (3) days of the declaration(s) being made by the arbitrator as per Rule 7.1. (“Challenge Period”) and must provide for the grounds of challenge and should be submitted to the DRP Review Committee in writing via email to info@atlegalodr.com and shall be sent vide A&T PARTNERS ODR Platform to the other parties.
8.3. When an arbitrator is challenged by any party, within three days from the receipt of such challenge of arbitrator by A&T PARTNERS,:
(a) the other parties may agree to such challenge and may mutually request for any other DRP to act as the arbitrator from the Panel, in which case A&T PARTNERS may appoint such arbitrator to the Arbitral Tribunal;
(b) the other parties may agree to such challenge but may be unable to mutually agree on a new arbitrator as per Rule 8.3.(a) above, in which case either one or all parties to arbitration can request for a specific arbitrator from the Panel and the final discretion of the arbitrator appointment shall lie with A&T PARTNERS;
(c) the challenged arbitrator may also choose to voluntarily withdraw as an arbitrator from such arbitrator, in which case A&T PARTNERS will appoint a new arbitrator from the Panel.
Provided that in none of the situations mentioned in Rule [8.3.], the change of arbitrator should be deemed to be acceptance of any ground of challenge to the arbitrator raised by any party.
8.4. Upon challenge to an arbitrator by any party, in case none of the events provided in Rule [8.3.] occur within three (3) days from the receipt of challenge of arbitrator by A&T PARTNERS shall refer such challenge to the DRP Review Committee.
8.5. Within three (3) days from the reference of such challenge to the DRP Review Committee, the DRP Review Committee may:
(a) decide to continue with the same arbitrator, in case it finds no merit in such challenge; or
(b) decide to change the arbitrator, in which case it shall appoint a new arbitrator from the Panel.
8.6. The decision of the DRP Review Committee shall be final and binding on all parties to arbitration.
8.7. In case of death of the appointed arbitrator or due to impossibility for such appointed arbitrator to act, A&T PARTNERS shall have the sole discretion to appoint a new arbitrator from the Panel and such newly appointed arbitrator, as far as arbitration proceedings have taken place, will continue proceedings from thereon and any action taken prior to such replacement will not be affected.
9. Fast Track Arbitration
9.1. Any party to a dispute may commence Fast Track Arbitration under A&T PARTNERS Rules if the parties have agreed in writing to refer the disputes to Fast Track Arbitration under A&T PARTNERS Rules. Such commencement of Fast Track Arbitration shall be in accordance with the process laid down in Rule [3.2] above and in such case, any reference to ‘arbitration’ shall mean ‘Fast Track Arbitration’.
9.2. In case the anticipated claim amount in any dispute does not exceed the amount of INR ten crore (10,00,00,000), any party to such dispute may commence Fast Track Arbitration in accordance with the process laid down in Rule 3.3 above. In such case, any reference to ‘arbitration’ under Rule 3.3 shall mean ‘Fast Track Arbitration’.
9.3. Notwithstanding any agreement to the contrary contained in the A&T PARTNERS Arbitration Clause, all disputes under Fast Track Arbitration shall be:
(a) referred to a sole arbitrator.
(b) determined on the basis of written pleadings, written arguments/submissions, documents and evidence filed by parties on pre-agreed dates that are made known to the parties by the arbitrator.
(c) determined without any oral hearings, unless the parties expressly request for it or when the Arbitral Tribunal considers it necessary for clarifying any issue(s).
(d) concluded (including the issuance of arbitral award within three months from the date of constitution of the Arbitral Tribunal.
9.4. All parties shall upload the necessary documents and evidence, as they deem fit, or as required by the Arbitral Tribunal on the A&T PARTNERS ODR Platform.
9.5. The Arbitral Tribunal shall declare the Fast Track Arbitration closed when it is satisfied that the parties have had adequate opportunity to present submissions and evidence and shall reserve the matter for issuance of the Award on the date decided by the Arbitral Tribunal.
10. Date of Commencement of Arbitral Proceedings
10.1. The Arbitral Tribunal shall be deemed to have entered on the reference on the day on which arbitrator or all the arbitrators, as the case may be have received notice in writing of their appointment by A&T PARTNERS after disposal of the challenge to their appointment, if any, made or upon expiry of Challenge Period.
11. Interim Relief
11.1. The Arbitral Tribunal may, at the request of a party to the arbitration under A&T PARTNERS Rules and as it deems appropriate, issue an order grating an injunction or any other interim relief.
11.2. The Arbitral Tribunal may order the party requesting interim relief to provide appropriate security in connection with the relief sought.
11.3. A party may, in case the Arbitral Tribunal has no power or is unable for the time being to act effectively, apply to any Court for interim or conservatory relief.
11.4. Any application and any order for such interim measure after the formation of the Arbitral Tribunal shall be promptly communicated by the applicant to the Arbitral Tribunal, A&T PARTNERS and to all the other parties on the A&T PARTNERS ODR Platform.
12. Emergency Arbitration
12.1. In cases of exceptional urgency, a party seeking emergency interim relief may apply on the A&T PARTNERS ODR Platform seeking appointment of an emergency arbitrator. Such request may be concurrent with the filing of the Letter of Request to arbitrate or prior to the constitution of the Arbitral Tribunal. The request for appointment of an emergency arbitrator and urgent interim reliefs shall include:
(a) a brief description of the facts and circumstances giving rise to the need for emergency relief along with supporting reasons/ grounds thereof;
(b) the nature of relief sought;
(c) confirmation that a copy of the request for appointment of emergency arbitrator has been sent to all other parties to arbitration under A&T PARTNERS Rules;
(d) A confirmation that the prescribed fees as the ‘Fee Schedule’ has been paid (or) an undertaking that it will be paid within 7 days of appointment of the emergency arbitrator.
12.2. The fees paid by a party towards the appointment of an emergency arbitrator under the A&T PARTNERS Rules shall be non-refundable.
12.3. A&T PARTNERS shall determine the application/ request for appointment of an emergency arbitrator within one [1] day of such request, and if granted, appoint an emergency arbitrator from the Panel within one [1] day of granting such request.
12.4. The emergency arbitrator shall be bound by the rules pertaining to disclosures/declarations, as prescribed under the A&T PARTNERS Rules for all arbitrators.
12.5. All hearings by the emergency arbitrator shall be on the A&T PARTNERS ODR Platform, unless requested otherwise by the party seeking the appointment of the emergency arbitrator. In case the party seeking appointment of emergency arbitrator requests for offline in-person hearing, the other party shall decide if they agree to conduct the offline in-person hearing.
12.6. In case of any disagreement between the parties regarding the conduct of the offline in-person hearing regarding emergency relief, the emergency arbitrator so appointed shall decide the same and the decision of the emergency arbitrator shall be final and binding.
12.7. The emergency arbitrator shall fix a schedule for the consideration of the emergency application and interim reliefs within two [2] days of their appointment, and shall ensure a reasonable opportunity of being heard to all the parties before granting any urgent, interim or conservatory measures and proceed to make an order by giving reasons.
12.8. The emergency arbitrator shall pass the Award or order interim reliefs as he/ she finds suitable within a period of fourteen [14] days from the date of appointment of such emergency arbitrator.
Provided that in exceptional circumstances, upon request by the emergency arbitrator or the parties to arbitration under A&T PARTNERS Rules, A&T PARTNERS may grant an exception of additional ten (10) days.
12.9. An emergency Arbitrator may not be a constituent of any Arbitral Tribunal in any future arbitration under A&T PARTNERS Rules relating to the dispute, unless agreed by all the parties to the dispute.
12.10. If the Arbitral Tribunal is not constituted under the A&T PARTNERS Rules, any order or Award made by an emergency arbitrator shall cease to be binding upon after sixty (60) days from the date of such Award.
13. Statement of Claim
13.1. Unless already submitted pursuant to Rule 3.2 or 3.3, Claimant must present and upload the Statement of Claim, documents and evidence (declaration with signature) on the A&T PARTNERS ODR Platform within three (3) days from the date of commencement of arbitral proceedings and the Arbitral Tribunal or Case Manager shall send a copy of the Statement of Claim and other attached documents uploaded by the Claimant to the Respondent(s).
13.2. In case the Claimant fails to submit the Statement of Claim within the timeline prescribed in Annexure I, the Arbitral Tribunal may terminate the arbitral proceedings in case or give any other order as it may deem appropriate.
14. Statement of Defense and Counter-Claim
14.1. Upon receipt of the Statement of Claim, the Respondent shall, within seven (7) days from the date of commencement of arbitral proceedings or seven (7) days from the receipt of Statement of Claim (whichever is later), present and upload the Statement of Defense, documents and evidence (declaration with Signature) on the A&T PARTNERS ODR Platform and the Arbitral Tribunal or Case Manager shall send a copy of the Statement of Defense and other attached documents uploaded by the Claimant to the Respondent(s).
14.2. Along with the Statement of Defense, the Respondent may also file and upload counter claim(s), if any, on the A&T PARTNERS ODR Platform against the Claimant, provided the counter claim arises under the same transaction as the original claim along with full details supported by all documents and information within seven (7) days from the date of commencement of arbitral proceedings or seven (7) days from the receipt of Statement of Claim (whichever is later).
14.3. If the Respondent fails to file the Statement of Defense within the timeline prescribed in Rule 14.1, the Arbitral Tribunal may continue to proceed with arbitration and may waive such party’s right to furnish Statement of Defense.
14.4. Claimant shall have the right to submit rejoinder or reply to counter claim on the A&T PARTNERS ODR Platform with the prior permission of the Arbitral Tribunal within five (5) days from the receipt of Statement of Defense or counter claim(s) and Arbitral Tribunal shall share such rejoinder / reply to counter-claim to the Respondent.
14.5. The Arbitral Tribunal appointed to adjudicate upon the original claim will also adjudicate upon the counter-claim and there will be no change in the number of members of Arbitral Tribunal already constituted on the basis of original claim.
15. Amendments to Pleadings
15.1. Any party to the arbitration may amend, supplement or modify their respective Pleadings, with the prior permission from the Arbitral Tribunal.
15.2. The Arbitral Tribunal may allow such parties requesting to amend, supplement or modify their respective Pleadings unless delay causes due to such amendment, supplemental or modified Pleadings would cause irreparable prejudice to the other parties.
15.3. The submission of all the Pleadings (including any amendment, supplement or modification) shall be in conformity with A&T PARTNERS Rules and within the timeline prescribed by the A&T PARTNERS Rules unless decided otherwise by the Arbitral Tribunal.
16. Further Pleadings
16.1. The Arbitral Tribunal may decide, in its sole discretion, whether any additional Pleadings shall be required from the parties or if the same may be presented by them.
16.2. The Arbitral Tribunal shall fix the periods of time for presenting such additional Pleadings. The Tribunal may further limit the length and scope of such additional Pleadings and witness statements/evidence (including fact witnesses and experts).
17. Presentation of Witness
17.1. The Arbitral Tribunal may, prior to any oral hearing, require any party to give written notice of any witness (including expert witness) that any party wishes to produce before the Arbitral Tribunal, which shall include:
(a) The identity of the witness;
(b) Relevance to the issue.
17.2. All costs and fees the expenditure shall be incurred by the party producing the witness, in case the witness being produced before the Arbitral Tribunal on A&T PARTNERS ODR Platform, under Rule [17.1.] above, is an expert witness.
17.3. Such witness may tender evidence by way of a duly affirmed statement, uploaded on the A&T PARTNERS ODR Platform by the party intending to produce the said witness.
17.4. The Arbitral Tribunal shall be at liberty to determine the manner in which witnesses may be examined, and may direct that the testimony of any witness be presented in such form as they may prescribe.
17.5. Notwithstanding anything contained herein, no cross-examination of a witness shall be permitted in case of Fast Track Arbitration.
18. Expert appointed by Arbitral Tribunal
18.1. The Arbitral Tribunal may, following consultation with the parties, appoint an expert to report on specific issues which shall be set out in writing and require a party to give such expert any relevant information or to produce / provide any relevant document, as it deems fit.
18.2. Any such expert appointed by the Arbitral Tribunal pursuant to clause [17.1] above shall upload the report of their findings in writing on the Same ODR Platform which shall be shared to all the parties.
18.3. The Arbitral Tribunal may decide to allow parties to file written responses to such reports submitted by such experts, in a form and manner and within the timeline as deemed fit by the Arbitral Tribunal.
18.4. Except in the case of Fast Track Arbitration, the Arbitral Tribunal may decide, it if considers necessary, to request such witness to participate in any hearing.
18.5. Unless decided otherwise by the Arbitral Tribunal, each party shall bear equal cost regarding such expert witness appointed by the Arbitral Tribunal.
19. Evidence
19.1. In arbitration proceedings under A&T PARTNERS Rules, other than Fast Track Arbitration, evidence will be taken on the declaration given on oath/self-certified and cross examination will be allowed only if the Arbitral Tribunal permits.
19.2. The Arbitral Tribunal shall have the sole right to determine the admissibility, relevance, materiality and weight of any evidence and shall not be bound by the Indian Evidence Act, 1872 or any other applicable law in this regard or by strict rules of evidence.
19.3. All evidence, documents or statements that the parties wish to produce before the Arbitral Tribunal shall be uploaded within the timelines stipulated in A&T PARTNERS Rules or as decided by the Arbitral Tribunal on the A&T PARTNERS ODR Platform.
19.4. The Arbitral Tribunal shall have the power to:
(a) conduct such enquiries as may appear to be necessary or expedient;
(b) order any party to produce to the Arbitral Tribunal and to the other parties for inspection and to supply copies of, any document in their possession, custody or control which the Arbitral Tribunal considers relevant to the case and material to its outcome.
20. Hearing
20.1. In arbitration proceedings under A&T PARTNERS Rules, other than Fast Track Arbitration or unless decided otherwise by the Arbitral Tribunal, the Arbitral Tribunal shall conduct hearings (if required) every day after submission/completion of the Pleadings.
20.2. The Arbitral Tribunal shall intimate all the parties to arbitration upon conclusion of all hearings and shall conclude the arbitral proceedings under A&T PARTNERS Rules pending only the issuance of Award within the stipulated timeline.
20.3. If any party to the arbitration proceeding under A&T PARTNERS Rules fails to appear at a hearing without showing sufficient cause for such failure, the Arbitral Tribunal may proceed with such arbitration and may pass the Award basis the Pleadings and evidence before it.
20.4. All hearing in relation to arbitration proceedings under A&T PARTNERS Rules and shall be private. Any recordings, transcripts, documents or other material in relation to the arbitration proceedings under A&T PARTNERS Rules shall remain confidential.
20.5. All hearings by the arbitrator shall be on the A&T PARTNERS ODR Platform, unless requested otherwise by any party to such arbitration proceedings. In case any party to arbitration proceedings under A&T PARTNERS Rules requests for offline in-person hearing, the other parties shall decide if they agree to conduct the offline in-person hearing and the parties who will bear the cost of such offline in-person hearing.
20.6. In case of any disagreement between the parties regarding the conduct or fees of the offline in-person hearing in relation to the parties to arbitration proceedings under A&T PARTNERS Rules, the Arbitral Tribunal shall decide the same and the decision of the Arbitral Tribunal shall be final and binding.
20.7. In the case the Arbitral Tribunal decides to conduct offline in-person hearing, the Arbitral Tribunal shall carry out the arbitration proceedings at the agreed place of arbitration and A&T PARTNERS will receive the additional fees set forth in the schedule annexed to A&T PARTNERS Rules.
21. Adjournment
21.1. The Arbitral Tribunal shall conclude the arbitral proceedings within thirty [30] days from the date of commencement of arbitration. The Arbitral Tribunal shall not provide any adjournment in the proceedings unless provided herein.
21.2. The Arbitral Tribunal may, with reasons to be recorded in writing and communicated to all the parties to arbitral proceedings, grant adjournment if found to be justifiable in an exceptional, necessary and appropriate case, provided that:
(a) the time for such adjournment shall in no case be more than twice the time limit prescribed for such action in the A&T PARTNERS Rules; and
(b) the arbitral proceedings shall be concluded within sixty [60] days from the date of commencement of arbitration.
21.3. If the request for adjournment has arisen, then such application seeking adjournment supported by sufficient and cogent reasons and necessary documents, shall be uploaded on the A&T PARTNERS ODR Platform by 2 pm on the day preceding the due date of the action for which adjournment is sought, and the other Party must be immediately informed of such application seeking adjournment in writing by the Party making such request.
21.4. If the other party has any objection to the request the adjournment, he shall necessarily file such objection in writing within twenty-four (24) hours on the A&T PARTNERS ODR Platform.
21.5. The Arbitral Tribunal shall make a decision regarding the adjournment considering the facts and circumstances of the request, after giving due consideration to the views of the other party.
21.6. The Arbitral Tribunal may determine costs (if any), payable by the party seeking such adjournment.
22. Default
22.1. If either party to the arbitral proceedings default on their obligations under the A&T PARTNERS Rules (for eg: the obligation to file Pleadings within the time limit stipulated under A&T PARTNERS Rules), without proper reason, the Arbitral Tribunal may continue with the proceedings, and any right that may have been accorded to such party as a result of compliance with the said obligation shall stand forfeited.
23. Timelines for grant of Award
23.1. The Award shall be made within five (5) days from the day when the Arbitral Tribunal intimates all the parties regarding conclusion of arbitral proceedings, unless, on reasonable grounds recorded in writing and communicated to all the parties, the Arbitral Tribunal extends such time period upto ten [10] days from the day when the Arbitral Tribunal intimates all the parties regarding conclusion of arbitral proceedings.
23.2. In case the Award has not been made even in the extended time limit of upto ten [10] days (if granted by the Arbitral Tribunal), the time limit may be extended in exceptional circumstances, as deemed fit by the Arbitral Tribunal, and which shall not exceed the total time limit prescribed in section 29A of the Arbitration Act.
23.3. In case the Award has not been made within the extended time limit mentioned in Rule [23.2] above, then the arbitration proceedings would stand terminated, unless the time limit is extended by a Court as provided in section 29A of the Arbitration Act.
23.4. If the arbitration proceedings terminate due to expiry of the time period stipulates in this Rule, any party to such arbitral proceedings may make a request to A&T PARTNERS for the constitution of a new Arbitral Tribunal in accordance with A&T PARTNERS Rules.
23.5. Subject to mutual consent of parties to such arbitration proceedings, the proceedings may be conducted under the Fast Track Arbitration under A&T PARTNERS Rules, where the oral evidence of parties already recorded during the previous proceedings may be taken on record.
24. Making and contents of Arbitral Award
24.1. The Arbitral Tribunal shall make all decisions by majority, in case the Arbitral Tribunal consist of more than one arbitrator.
24.2. The Award shall be made in writing and must be signed by all members of the Arbitral Tribunal. In case if any member of the Arbitral Tribunal is unable to sign the Additional Award for any reason whatsoever, then the Additional Award shall state such reason and such Additional Award shall be binding on all the parties as long as it is signed by majority of the arbitrators constituting the Arbitral Tribunal.
24.3. The Award shall state:
(a) the grounds / reasons for the conclusion, unless agreed otherwise by the parties to the arbitral proceedings;
(b) place of arbitration proceedings; and
(c) date of making of the Award; and
(d) cost of the arbitration proceedings and the liability of the parties for such cost
24.4. In case of any settlement between the parties to the arbitration proceedings under A&T PARTNERS Rules, the Arbitral Tribunal may also issue an Award containing the terms of settlement and such Award shall clearly stipulate that it is pursuant to the mutual consent of the parties to such arbitration proceedings under A&T PARTNERS Rules.
24.5. The Award shall be uploaded on the A&T PARTNERS ODR Platform by the Arbitral Tribunal and A&T PARTNERS shall send certified copies of the Award upon full settlement of the cost incurred as specified in the Award.
24.6. The Arbitral Tribunal shall be at liberty make separate Awards on multiple issues at different times during the arbitration proceedings under A&T PARTNERS Rules.
25. Modification of Arbitral Award
25.1. Arbitral Tribunal may within five (5) days from issuance of the Award correct the counting errors, clerical error, typographical, computer generated errors or other similar errors appearing in the Award, in the following cases:
(a) suo motu;
(b) upon receipt of a mutual request by the parties to the arbitration proceedings under A&T PARTNERS Rules; or
(c) on the application of one party (which shall not be received after two (2) days from the issuance of the Award) to the arbitration proceedings under A&T PARTNERS Rules and after providing a hearing opportunity to the other party.
25.2. If any part of the claim is left out after due consideration and has not been considered in the relief contained in the Award, the Arbitral Tribunal can pass an additional award within three [3] days from receipt of request by one party (which shall not be received after two (2) days from the issuance of the Award) to arbitration proceedings under A&T PARTNERS Rules and giving notice and a hearing opportunity to the other party within the aforementioned time period under the A&T PARTNERS Rules.
25.3. The additional award shall be made in writing and must be signed by all the members of the Arbitral Tribunal. In case if any member of the Arbitral Tribunal is unable to sign the additional award for any reason whatsoever, then the additional award shall state such reason and such additional award shall be binding on all the parties as long as it is signed by majority of the arbitrators constituting the Arbitral Tribunal.
26. Termination of arbitration proceedings
26.1. The arbitration proceedings under A&T PARTNERS Rules shall stand terminated in line with section 32 of the Arbitration Act.
27. Place, Seat and Date of Arbitration
27.1. In case of international commercial arbitration, unless otherwise agreed by the parties to arbitration proceeding under A&T PARTNERS Rules in writing, the place and seat of arbitration in proceedings on the A&T PARTNERSODR Platform shall be KOLKATA, WEST BENGAL, India.
27.2. In case of domestic arbitration, unless otherwise agreed by the parties to arbitration proceeding under A&T PARTNERS Rules in writing, the place and seat of arbitration in proceedings on the A&T PARTNERS ODR Platform shall be the place:
a)Arbitral tribunal will decide the seat of arbitration where it finds fit for the parties
.
27.3. The date of uploading the Award on the A&T PARTNERS ODR Platform shall be considered the date of such Award.
28. Finality of the Arbitral Award
28.1. The Award passed in accordance with the A&T PARTNERS Rules and the procedure described therein shall be binding on the parties to such arbitration proceedings and the person claiming the relief from such Award.
29. Applicable law
29.1. In any arbitration proceedings under A&T PARTNERS Rules, other than an international commercial arbitration under A&T PARTNERS Rules, the Arbitral Tribunal shall decide the dispute submitted to arbitration in accordance with the substantive law for the time being in force in India.
29.2. In international commercial arbitration under A&T PARTNERS Rules:
(a) the Arbitral Tribunal shall decide the dispute in accordance with the rules of law designated by the parties as applicable to the substance of the dispute;
(b) any designation by the parties of the law or legal system of a given country shall be construed, unless otherwise expressed, as directly referring to the substantive law of that country and not to its conflict of laws rules;
(c) failing any designation of the law under clause (a) by the parties to the dispute under A&T PARTNERS Rules, the Arbitral Tribunal shall apply the laws of India unless it considers appropriate to apply the rules of law given all the circumstances surrounding the dispute.
29.3. The Arbitral Tribunal shall decide ex aequo et bono or as amiable compositeur only if the parties have expressly authorised it to do so.
29.4. While deciding and making an Award, the Arbitral Tribunal shall, in all cases, take into account the terms of the contract and trade usages applicable to the transaction.
Part III - Conciliation Rules
30. Commencement of Conciliation
30.1. Conciliation proceedings under the A&T PARTNERS Rules shall commence:
(a) in case the parties have an existing A&T PARTNERS Conciliation Clause then, in accordance with Rule [30.3];
(b) in case the parties do not have an existing A&T PARTNERS Conciliation Clause then, in accordance with Rule [30.2];
30.2. Any party which is not a party to the A&T PARTNERS Conciliation Clause may:
(a) mutually agree, in writing or on A&T PARTNERS ODR Platform, to A&T PARTNERS Conciliation Clause to refer any dispute (even prior to occurrence of the same) to conciliation on A&T PARTNERS ODR Platform in accordance with A&T PARTNERS Rules;
(b) mutually agree on the terms to settle the existing dispute and can present the same for conciliation as provided under Rule [30.6].
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62. Monitoring of proceedings
62.1 DRP Review Committee may periodically examine and evaluate any proceedings under A&T PARTNERS Rules and case files on A&T PARTNERS ODR Platform to ensure that the timelines prescribed under A&T PARTNERS Rules are not extended without any justifiable reasons.
63. Exclusion of liability
63.1 All parties to proceedings under A&T PARTNERS Rules hereby jointly and severally exempt A&T PARTNERS from any liability arising from DRP Review Committee, agent, employee under A&T PARTNERS Rules or any other law in course of discharge of their duties and rights exercised in good faith and no action shall be initiated against them.
64. Language
64.1 The language of all proceedings under A&T PARTNERS Rules shall be in English and Hindi
64.2 In case both parties to any proceeding under A&T PARTNERS Rules request for the proceedings be conducted in any other Indian language other than English and Hindi, then A&T PARTNERS may solely decide the language of such proceeding under A&T PARTNERS Rules.
64.3 If any document filed by any party is in a language other than English, the party filling such document shall simultaneously furnish an English translation of such documents.
65. Procuring a verified copy
65.1 Any party to a proceeding under A&T PARTNERS Rules who may require a verified copy of the Award, Mediation Agreement or Conciliation Agreement (pursuant to an order of the court or otherwise) shall provide a request for the same at info@atlegalodr.com and make the payment of a fee according to Annexure IV to obtain a verified copy.
66. Amendment to A&T PARTNERS Rules
66.1 A&T PARTNERS shall have the sole right to make any amendments in A&T PARTNERS Rules, its schedules, fees etc., as it deems fit and necessary and such amendments shall be effective prospectively from the date of a communication notifying such amendment.
67. Working Hours
67.1 The parties may upload their Pleadings on A&T PARTNERS ODR Platform at any time prior to the last date of any specified event, as prescribed under A&T PARTNERS Rules. However, on the due date fixed for hearing in advance, the pleadings/ evidences/ documents/ applications can be uploaded latest by 12 noon one day before the hearing and only the uploaded by this time will be considered by the DRP for that day’s proceedings.
68. Notices and communication
68.1 For the purposes of the A&T PARTNERS Rules, any notice, communication or proposal shall be through electronic communication. Electronic communication through A&T PARTNER Scan be serviced through any one of the following means/ modes of electronic communication:
(a) at the last known email address mentioned in the agreement between the parties or as mentioned in other communications stated by the party;
(b) By text message on the registered mobile phone number mentioned in the agreement between the parties or as mentioned in other communications stated by the party;
(c) by any messaging applications (such as WhatsApp message) on the registered/verified mobile phone number/email id mentioned in the agreement between the parties or as mentioned in other communications stated by the party;
68.2 On completion of any one of the following conditions, service/delivery of electronic communications will be considered successful:
(a) The e-mail described and sent as per Rule 68.1(a) has not 'bounced back';
(b) The message sent as per Rule 68.1(b) has not received a failure of delivery notification;
(c) The message sent as per Rule 68.1(c), it should be considered delivered by such messaging application.
68.3 In situations when either party has not logged on to the A&T PARTNERS ODR Platform, the Case Manager will call such party’s registered mobile number provided while registering on A&T PARTNERS ODR Platform to inform the party that the proceedings under A&T PARTNERS Rules have been initiated. On making such voice call by Case Manager, the service would be deemed to be completed in case:
(a) the call is completed with the party, necessary details have been shared with them, and if during the conversation she/he has not denied being the party to the dispute; or
(b) if the party has rejected the call.
68.4 All communications and exchange of documents during any proceedings under A&T PARTNERS Rules shall be done through the A&T PARTNERS ODR Platform by the parties or their Legal Representatives.
68.5 In certain cases, where parties have made case relevant communication through email, WhatsApp or text messages with the Case Manager and want the communication to be uploaded on the A&T PARTNERS ODR Platform for the other party or DRP to view, the communicating party may request the Case Manager to upload the same in the 'Case Update' section of the A&T PARTNERS ODR Platform and the DRP may consider such communication uploaded while exercising their discretion.
68.6 The Case Manager will only upload any communication after being duly satisfied that the communication has been received from the registered/verified email or mobile number of the parties.
69. Waiver of the right to object
69.1 Any party who proceeds with the proceedings under A&T PARTNERS Rules with the knowledge that any provision or requirement of these A&T PARTNERS Rules has not been complied with, yet fails to state his objection thereto in writing, shall be deemed to have waived their right to object.
70. Fees
70.1 The parties shall be jointly and severally, unless agreed otherwise by the parties, be liable to pay the fees in relation to the proceedings under A&T PARTNERS Rules as stated in Annexure IV of A&T PARTNERS Rules along with any additional cost incurred during such proceedings and as intimated by A&T PARTNERS to the parties.
71. Succession
71.1 In a situation, where A&T PARTNERS ceases to exist (for any reason whatsoever), the parties shall be at liberty to choose a new institution for their dispute resolution mechanism.
71.2 In such case, if the parties fail to agree on a new institution, either party may choose to initiate proceedings for dispute resolution before any institution providing such dispute resolution service as provide in the list of arbitral institutions provide by the Ministry of Law and Justice, Government of India (as available at: https://doj.gov.in/sites/default/files/firm%20details.pdf) or any arbitral tribunal designated by the High Court and Supreme Court (graded by the Arbitral Council of India or otherwise), and shall communicate the same to the other parties.
71.3 Such choice of institution made by either party who makes that choice first shall be final and binding on all the parties which were subject to dispute resolution mechanism under A&T PARTNERS Rules.
72. A&T PARTNERS ODR Platform
72.1 The A&T PARTNERS ODR Platform shall facilitate the proceedings under A&T PARTNERS ODR Platform and associated administrative services which includes sending Pre-Arbitration Notices, filing cases, appointment of arbitrator, mediator and conciliator, uploading documents, communication through video conferencing and chat, settlement/award builder, e-signature, e-stamping and all the services required till the passing of the Award, reaching a Mediation Agreement/Conciliation Agreement or until termination of proceedings.
72.2 All parties to any proceedings under A&T PARTNERS Rules shall register themselves on A&T PARTNERS ODR Platform, in a form and manner as prescribed on the A&T PARTNERS ODR Platform.
73. Jurisdiction
73.1 Any objection by a party to the existence or, to the competence of A&T PARTNERS to administer an arbitration, before the Arbitral Tribunal is appointed, shall be placed in the first instance before the DRP Review Committee.
73.2 If the DRP Review Committee sustains the objection, the arbitration proceedings shall be terminated. In all other cases, the Arbitral Tribunal shall decide such objection in accordance with section 16 of the Arbitration Act.