ARBITRATION AND CONCILIATION CENTER

The A.P. Legal Services Pvt. Ltd., is incorporated under the Companies Act in September 1999 to create one of the largest E-legal services network in the country and abroad with the base in Andhra Pradesh. The Company's interest is to provide professionalised, efficient and prompt legal services delivering structures and reduce the time and expenses in transactional and justice delivering processes. The corporate structure under the A.P. Legal Services Pvt. Ltd. is designed to achieve the vision of providing all legal services under one roof into a reality.

Delivering professionalised efficient and prompt legal services under one roof. Creating a corporate platform for providing its associates with the state of art technologies available in the legal work and enriching society with faster and cost-effective justice delivery mechanisms.

The APLS Arbitration and Conciliation Center is an administrative unit of APLS. The establishment of the Center was approved by the (APLS) Board of Directors. It is located in Hyderabad, Andhra Pradesh, India.

The center has two main roles. Namely, the role of administering authority and the role of resource center.

The Center administers four dispute-settlement procedures:

- Conciliation under the APLS Conciliation Rules,

- Arbitration under the APLS Arbitration Rules,

- Expedited arbitration under the APLS Expedited Arbitration Rules, and

- A combined procedure of conciliation under the APLS Conciliation Rules followed, in the

absence of a settlement. By arbitration under the APLS Arbitration Rules.

As administering authority, the role of the Center is to perform the tasks and to make the decisions that are assigned to it by the APLS Conciliation, Arbitration or Expedited Arbitration Rules. One of those tasks is to appoint, where the parties do not themselves do so, or fail to do so within the periods of time set out in the Rules, the Conciliator or arbitrator.

For this purpose, the Center maintains lists of specialized Conciliators and Arbitrators. A fuller description of the tasks performed by the Center as administering authority is given below in the Sections on each of the procedures administered by the Center.

The APLS Rules have been designed for use in any legal system. Conciliation’s or arbitration’s conducted in accordance with APLS Rules may take place anywhere in the world.

Any person having legal capacity, regardless of national affiliation, may refer a dispute to any of the procedures administered by the Center.

As a resource center, the APLS Arbitration Center endeavors to act as a bridge between the disputant parties and people, on the one hand, and extra judicial dispute - resolution on the other hand through Arbitrators and Conciliators recognized under Arbitration and Conciliation Act 1996, UNCITRAL Model Law. Specifically, the Center provides the following services in this respect:

1. The Center provides assistance in the drafting of contract clauses for use in contracts to refer future disputes under those contracts to a dispute settlement procedure administered by the Center, as well as in the drafting of sub-mission agreement to refer existing disputes to such a procedure.
2. The Center provides the service of Good Offices (a Submission Advisory/Help Service) where it will, at the request of a party to a dispute, endeavor to act as intermediary in convening a meeting of the parties to the dispute to discuss the submission of the dispute to a procedure administered by it
3. The Center will, against payment of a fee, appoint a conciliator or an arbitrator at the request of the parties to a dispute submitted to conciliation or arbitration that is not administered by the Center.
4. The Center organises conferences on various themes relating to the resolution of disputes through conciliation, arbitration or other dispute-settlement alternatives, as well as conducts training programs for conciliators and arbitrators
5. The Center makes available publications and documentation relating to the resolution of disputes.

The Center is counseled in the discharge of its functions by two bodies, the APLS Arbitration and Conciliation Advisory Board and the APLS Arbitration Consultative Commission.

The APLSACC Advisory Board is composed of five members from the field of Law, Academic, Industry and Trade and one from other fields.

The role of the Advisory Board is to suggest and approve the appointment of Chief Administrator of the center, to provide advice and to make recommendations to the center on the matters of planning and policy in relation to the APLS Arbitration and Conciliation.

The APLS Arbitration Consultative Commission is composed of leading experts in the area of arbitration. The principal function of the Consultative Commission is to provide opinions and advice to the APLS Arbitration Center on non routine issues in respect of which the APLS Arbitration Rules require a decision to be taken by the Center in the course of the administration of an arbitration, such as the challenge, release or replacement of an arbitrator and certain aspects of questions concerning arbitrators' fees. For this purpose, the Center constitutes, whenever required, committees composed of three members of the Consultative Commission. In special circumstances (such as the unavailability of a member of the Consultative Commission having knowledge of a particular national law in issue), the center may also appoint an outside expert who is not a member of the Consultative Commission to serve on such as ad hoc committee.

The APLS Arbitration Consultative Commission is composed of the Following:

(Experts from different fields like Insurance, Banking & works contracts)

III. DISPUTE RESOLUTION

PROCEDURES OFFERED

The APLS Arbitration and Conciliation Center administers four dispute resolution procedures. The procedures have different legal implications and consequences, as well as differing advantages. A brief description of each of the procedures is given below, and a fuller description in the individual Sections on each procedure.

Conciliation is a procedure in which a neutral intermediary, the conciliator, endeavors, at the request of the parties to a dispute, to assist them in reaching a mutually satisfactory settlement of the dispute. The conciliator does not have any power to impose a settlement on the parties. Conciliation is also voluntary in the sense that either party may, if it so chooses, abandon the conciliation at any stage prior to the signing of an agreed settlement.

Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to an arbitrator or to a Tribunal of several arbitrators who give a decision on the dispute that is binding on the parties. In contrast to conciliation, once the parties have freely agreed to submit a dispute to arbitration, a party cannot unilaterally withdraw from the arbitration.

Expedited arbitration is, as its name suggests, a form of arbitration in which certain modifications are introduced in order to ensure that the arbitration can be conducted and an award rendered in a shortened time frame and, consequently, at a reduced cost. To achieve those objectives, the modifications provide for a sole arbitrator (rather than a tribunal of several arbitrators), shortened time periods for each of the steps involved in the arbitration proceedings, and condensed hearing before the sole arbitrator.

This procedure combines, sequentially, both conciliation and arbitration. Where the parties agree to submit to the procedure, they must first endeavor to resolve the dispute through conciliation. If a settlement is not reached through conciliation within the period of time designated by the parties (either 60 or 90 days are recommended), the dispute may be referred by either party to arbitration for a binding decision.

Compared to court litigation, there are a number of advantages, which the procedures described above share in common. Each procedure also offers particular advantages, whi ch are described in the individual Sections devoted to each procedure:

The general advantages of the procedures are:

1. The procedures can result in considerable saving of time and cost. A conciliation or arbitration can be commenced immediately and the parties do not need to await the allocation of court time.
2. The procedures offer autonomy to the parties in choosing the applicable law, procedure and language of the proceedings, as well as flexibility in designing the time frame or adapting the procedure to their own particular circumstances.
3. The procedures are based on the law and practice that has grown out of international commercial arbitration and are neutral to the law, language and institutional culture of the parties. They are administered by the APLS Arbitration and Conciliation Center. Moreover, a venue that is neutral to the affiliations of the parties can be chosen as the place in which the procedure will take place.
4. The procedures may be conducted in full confidentiality. The APLS Conciliation Rules and the APLS Arbitration Rules contain not only provisions concerning the confidentiality of the conciliation or arbitration as a whole, but also special measures directed at preserving the confidentiality of trade secrets involved in a dispute.

As mentioned above, the dispute-resolution procedures administered by the Center are open to all persons, regardless of national affiliations. There is no requirement that a person be connected in a particular way (Such as by nationality or residence) with a State.

Both individuals and enterprises or other entities having a recognized juridical personality may submit disputes to the procedures administered by the Center.

A State entity may be party to a dispute submitted to a procedure administered by the Center, provided that the State entity has, like any other party to a dispute that is referred to the Center, Validly expressed its consent in writing to the reference of the dispute to such a procedure.

The Center offers services for the resolution of any disputes. However the dispute settlement procedures administered by the Center are not limited to dealing with disputes involving intellectual property questions but, domestic arbitration, non domestic arbitration in matter related to commercial issues, family law matters, banking, insurance, works contracts, etc. It is ensure that disputes may be resolved efficiently, effectively and comprehensively, without the need to refer them to other arbitration institutions or centers, and without incurring delays through arguments over the competence of an arbitral arbitrator or conciliator to deal with matters that may not be characterized directly with any particularly matters.

There are two ways in which disputes may be referred to a procedure administered by the Center.

First, a clause may be inserted in a contract providing for all future disputes arising under that contract to be submitted to one of the procedures administered by the Center. Recommended contract clauses to this effect are included in the individual Sections below on each of the procedures administered by the Center.

The Second way in which a dispute may be referred is by a submission agreement between the parties to an existing dispute that provides for that dispute to be submitted to a procedure administered by the Center. Recommended submission agreements for the reference of existing disputes are also included in the Sections below on each of the procedures administered by the Center.

The Center also provides advice to interested parties on the drafting of contract clauses and submission agreement.

In such cases, because of the absence of an existing contractual relationship, the communications between the parties may often be limited to formal communications setting out the alleged rights and liabilities of the parties in relation to the dispute. The resulting climate prevailing between the parties is more likely to lend itself to insistence on perceived rights and liabilities of the parties than to discussion of the various possible means of resolving the dispute.

In such situations, there may also be distinct advantages in seeking to resolve the dispute through a procedure other than court litigation. The aim of the Center's Submission Advisory/ Help Service is to provide an opportunity for parties to a dispute to consider the advantages of submitting the dispute to such a procedure. In order to provide this opportunity, the Center offers to perform the role of a neutral intermediary in seeking to bring the parties of a dispute together. It will, if the parties agree, preside over a meeting of the parties convened for the preside over a discussing the possible submission of the dispute to a procedure administered by the Center, and provide, in appropriate circumstances, assistance in drafting a submission agreement.

The Center's Submission Advisory/Help Service is open to anyone. While the Service may be expected to be particularly useful in respect of those disputes where the parties do not stand in a business relationship, the Services is equally open to parties to a dispute which does arise in the context of a business relationship. Such parties may to use the Service either because the contract defining the business relationship does not provide for a means of dispute-resolution, or because they wish to discuss the possibility of modifying the means that are provided in the contract.

The Service is entirely informal. No special application or request form is required. A party wishing to use the Service has simply to approach the APLS Arbitration Center and to request it to endeavor to convene a meeting between the parties to the dispute. For that purpose, the party should provide the names and contact details of the parties to the dispute and, if applicable, their representatives, as well as a brief description of the dispute. That description is

required merely for the purpose of enabling the Center to identify with precision the dispute when communicating with parties.

The Service is confidential. Any details supplied by the parties to the Center will be maintained in the strictest confidence and will not be communicated to any outside parties. No recording of any kind is made by the Center of any meeting.

Meetings between parties to a dispute that are arranged by the Center are without prejudice to the rights of the parties in relation to the subject matter of the dispute. Prior to such meetings, each party will be requested to sign an undertaking that it will not use any statements, disclosures or offers made at any such meeting in any other proceedings, whether relating to the dispute or not.

The Services is entirely voluntary and non-bindings. This means that the party making the request to the Center may withdraw its request or withdraw from any ensuing negotiations at any stage that it wishes. Similarly, and naturally, the other party to the dispute is under no obligation whatsoever to cooperate in any way and may choose to ignore that request to take

part in a meeting for the purpose of considering the possibility of submitting the dispute to a procedure administered by the Center.

The Center does not charge for the Service. However, if a meeting is at the parties' request, scheduled to take place outside Hyderabad the travel and subsistence expenses of the Center must be paid. In advance of the meeting, by the parties in equal shares (unless they agree on some other division of those costs between themselves)

There are several advantages offered by the Service that parties may wish to consider in assessing whether to use it.

The First, and obvious, advantages is the provision of a neutral forum for informal communication between the parties when such a forum might not otherwise exist.

If a meeting of the parties takes place, the meeting provides the opportunity for the parties to consider the range of options available to them in resolving their dispute, designing the dispute-resolution procedure that is most suitable to the circumstances of the dispute, and setting up the steps that are to be followed in implementing that procedure.

The parties remain in complete control, since the Service is entirely voluntary and non-binding.

Conciliation is a non-binding procedure in town sense. First, the conciliator does not have any power to impose a settlement on the parties. Secondly, either party may, if it so chooses, abandon the conciliation process at any stage prior to the signing of an agreed settlement. In order to be successful, therefore, conciliation depends very much on the good faith commitment of the parties to exploring the possibility of a settlement, as well as on the skill of the conciliator and the confidence that the conciliator able to inspire in the parties.

Because it is a non-confrontational procedure, conciliation is often considered to be particularly suitable to disputes arising in the context of an existing business relationship. In those contexts, conciliation offers the opportunity to reach a settlement that is conducive to the maintenance or further development of the business relationship.

The role of the APLS Arbitration Conciliation Center in conciliation administered by it is defined in the APLS Conciliation Rules. Those Rules provide for the Center

- To receive the Request for Conciliation which initiates the conciliation process

- To appoint the conciliator, where the parties do not themselves do so and do not provide for

another procedure for appointment

- To determine, in consultation with the parties and the conciliator, the fees of the conciliator

- To obtain from each party an advance deposit covering the estimated costs of the conciliation

including the conciliator's fees and the other envisaged expenses, to administer payments

out of those deposits and to account to the parties at the end of the conciliation in respect

of the deposits. Interest accruing on deposits administered by the Center is credited to the

parties.

In addition, the Center will, where so desired by the parties, provide meeting and party rooms and interpretation and secretarial assistance. Where the conciliation takes place at APLS, the meeting and party rooms are provided free of charge. A charge is made for any other services, such as interpretation or secretarial assistance, which is separate from the registration fee payable to the Center for the administration of conciliation.

The Center charges a registration fee, which is calculated by reference to the value of the conciliation. The basis of calculation of the registration fee is set out in the Schedule of Fees contained in section X.

The fees of the conciliator are calculated on an hourly or daily rate. A range of minimum and maximum hourly and daily rates for conciliator's fees is set out in the Schedule of Fees contained in Section X, below. The fees are fixed within the minimum and maximum rates by the Center, after consultation with the conciliator and the parties, taking into account the amount in dispute, the complexity of the subject matter of the dispute and any other relevant circumstances. The Center also determines the currency of the fees and the modalities and timing of their payment.

Unless the parties agree otherwise, the conciliator's fees, as well as the registration fee of the Center and all other expenses of the conciliation, are payable in equal shares by the parties.

In order to refer future disputes under a contract to conciliation under the APLS Conciliation Rules, the following clause is recommended for insertion in the contract

"Any dispute, controversy or claim arising under, out of or relating to this contract and any subsequent amendments of this contract, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to conciliation in accordance with the APLS Conciliation Rules. The place of conciliation shall be… The language to be used in the conciliation shall be…"

In order to refer an existing dispute to conciliation under the APLS Conciliation rules, the following submission agreement is recommended:

"We, the undersigned parties, hereby agree to submit to conciliation in accordance with the APLS Conciliation Rules the following dispute:

(Brief description the dispute)

"The place of conciliation shall be… The language to be used in the conciliation shall be…"

It is for the parties to choose where they wish the conciliation to take place. Conciliation’s administered by the Center may take place anywhere in the world.

The procedure followed by the Arbitrator, the powers of the arbitrator, the rights and obligations of the parties and the role of the APLS Arbitration Center as administering authority are defined in the APLS Arbitration Rules.

It is for the parties to choose whether there will be a sole arbitrator or several arbitrators. If they do not exercise a choice, the APLS Arbitration Rules provide for a sole arbitrator, unless the circumstances of the case are such that the Center, in its discretion appoints three arbitrators.

The parties also choose the language of the arbitration. If they do not do so, the APLS Arbitration Rules provide that the language of the arbitration will be the language of the contract clause or submission agreement by the virtue of which the dispute has been referred to arbitration under the APLS Arbitration Rules, subject to a power on the part of the ACC to determine otherwise, in the light of any observations made by the parties and the circumstance of the arbitration.

The law applicable to the substance of the dispute is also chosen by the parties. Failing a designation on the part of the parties, the Center is empowered under the APLS Arbitration Rules to apply the law that it determines to be appropriate.

The decision rendered by the Arbitrator in the form of an award is final and binding on the parties and not usually subject to an appeal on the merits to a court of law.

In the majority of cases of international commercial arbitration, the parties comply with the award without the need to seek court enforcement. Where court enforcement is necessary, the procedure is relatively straightforward by virtue of the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Over 90 states are party to the NEW YORK Convention, which obliges contracting States to recognise and enforce foreign arbitral awards subject to a limited number of specified exception.

The role of the Center as administering authority is, as mentioned above, set out in the APLS Arbitration Rules. In general, the Center's role extends to six main functions:

1. Upon the commencement of arbitration, it is for the Center to ensure that the arbitral proceedings get under way smoothly and that the Tribunal is established as required. In particular, at this stage, the Center.

- Process the written statements and other communications by the parties up until the establishment of the Tribunal ;

- appoints, in accordance with the provisions of the Rules, where the parties themselves do not do so or where an arbitrator   is not appointed within the applicable time limit, the arbitrator:

- determines the fees of the arbitrator.

2. The Center monitors compliance with certain prescribed time limits. In particular, it has the power, under the Rules, to extend certain time limits. In addition, the Rules require the Arbitrator to give a status report to the Center where the arbitration proceedings are not declared closed or the award is not rendered within certain designated time period.

3. After the establishment of the Tribunal, the Center may be called upon to take certain decisions, which it is either impossible or inappropriate for the Tribunal itself to take notably decisions on the challenge, release or replacement of an arbitrator. Such decisions will be referred by the Center to an ad hoc committee of the APLS Arbitration Consultative Commission for an opinion. The parties are notified of the composition of the committee of the APLS Arbitration Consultative Commission to which the decision is referred for opinion.
4. The Center will, where the parties so desire, arrange for administrative support services for the arbitration, in the form of hearing rooms, retiring rooms for the parties, recording equipment, interpretation and secretarial assistance. Where the arbitration is held at APLS, the hearing and party rooms are provided free of charge. A charge is made for the provision of other services, such as interpretation, translation or secretarial assistance, which is separate from the Center's fees for administering the arbitration.(see below).
5. The Center requires the payment of an advance deposit from each party in respect of the costs of the arbitration, administers payments under those deposits and accounts to the parties on the deposits at the conclusion of the arbitration. Interest accruing on deposits administered by the Center is credited to the parties.
6. The Center processes the award rendered by the Tribunal.

Two kinds of fees are payable to the Center in respect of an arbitration administered by it.

The first is a registration fee, which is calculated by reference to the dispute, and which is payable by the Claimant at the time of submitting the Request for Arbitration.

The Second is an administration fee, again calculated by reference to the amount in dispute, which is payable in respect of the claim by the Respondent.

The basis of calculation of the registration fee and the administration fee is set out in the Schedule of Fees contained in Section X.

As mentioned above, where the hearing are held at APLS, the Center provides hearing and party rooms free of charge. For other administrative support services, such as interpretation or secretarial assistance, a separate charge from the registration fee and the administration fee is made.

The Center is responsible for fixing the amount and currency of the fees of the arbitrator, and the modalities and timing of their payment, after consultation with arbitrator and the parties.

For this purpose, the Schedule of Fees, which is contained in Section X, below, established minimum and maximum ranges for the fees of the arbitrator. Within the minimum and maximum ranges, the fees will be determined taking into account the estimated time needed by the arbitrator for conducting the arbitration, the amount in dispute, the complexity of the subject matter of the dispute, the urgency of the case and any other relevant circumstances.

In order to refer future disputes under a contract to arbitration under the APLS Arbitration Rules, the following clause is recommended for insertion in the contract:

"Any dispute, controversy or claim arising under, out of or relating to this contract and any subsequent amendments of this contract, including, without limitations, its information, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be referred to and finally determined by arbitration in accordance with the APLS Arbitration Rules. The arbitral tribunal shall consist of [three arbitrators] [a sole arbitrator]. The place of arbitration shall be .. The language to be used in the arbitral proceedings shall be… The dispute, controversy or claim shall be decided in accordance with the law of.."

In order to refer an existing dispute to arbitration under the APLS Arbitration Rules, the following submission agreement is recommended:

"We, the undersigned parties, hereby agree that the following dispute shall be referred to and finally determined by arbitration in accordance with the APLS Arbitration Rules:

[Brief description of the dispute]

"The arbitral tribunal shall consist of [three arbitrators] [a sole arbitrator]. The place of arbitration shall be… The language to be used in the arbitral proceedings shall be … The dispute shall be decided in accordance with the law of.."

The place of arbitration usually determines the law that will apply to the arbitration, that is the law that will regulate, in particular, the relationship between the arbitration proceedings and the extent to which the courts of the place of arbitration may or will entertain actions in relation to the arbitration.

Under the APLS Arbitration Rules, it is for the parties to agree upon the place of the arbitration, which may be anywhere in the world. If the parties do not so agree, the Center decides the place of arbitration in the light of any observations made by the parties and the circumstances of the arbitration.

VII. EXPEDITED ARBITRATION

The principal modifications introduced in order to meet the objectives of reduced time and cost are:

1. Whereas in conventional arbitration the Claimant may file the Statement of Claim later and separately from the Request for Arbitration that initiates the arbitration, in an expedited arbitration the Statement of Claim must be filed by the Claimant with the Request for Arbitration. Similarly the respondent must file the statement of Defense with the Answer to the Request.
2. The time periods applicable in the case of an expedited arbitration for the accomplishment of various steps in the arbitration proceedings are shorter than in the case of a conventional arbitration.
3. In an expedited arbitration, there is always a sole arbitrator.
4. Any hearings before the arbitrator in an expedited arbitration are intended to be condensed and may not, save in exceptional circumstances, exceed three days.

Expedited arbitration is a procedure that may be particularly suitable for cases where the value in dispute is insufficiently large to justify recourse either to court litigation or to conventional arbitration. Similarly, it may be considered desirable by small enterprises, which cannot afford to commit the financial resources or management time that would be required by court litigation or conventional arbitration. In addition, Where a result is required urgently, expedited arbitration may be the appropriate procedure.

The role of the APLS Arbitration Center in an expedited arbitration administered by it is defined in the APLS Expedited Arbitration Rules. Since those Rules are the same as the APLS Arbitration Rules, with the exception of the modification introduced to ensure a quicker procedure, the Center's role is the same in an expedited arbitration as in a conventional arbitration (see Section vi, above)

Similarly, the types of fees payable to the Center in respect of an expedited arbitration are the same, and are calculated on the same basis, as the fees payable for a conventional arbitration.

The fees of the sole arbitrator in an expedited arbitration are also determined in the same way as the fees of the arbitrator in a conventional arbitration. Naturally, the urgency of the case will be a factor that may assume particular importance in determining the amount of the arbitrator's fees within the minimum and maximum ranges of arbitrator's fees set out in the Schedule of Fees contained in Section X, below.

In order to refer future disputes under a contract to expedited arbitration under the APLS Expedited Arbitration Rules, the following clause is recommended for insertion in the contract:

"Any dispute, controversy or claim arising under, out of or relating to this contract and any subsequent amendments of this contract, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be referred to and finally determined by arbitration in accordance with the APLS Expedited Arbitration Rules. The place of arbitration shall be …The language to be used in the arbitral proceedings shall be…. The dispute, controversy or claim shall be decided in accordance with the law of…"

In order to refer an existing dispute to expedited arbitration under the APLS Expedited Arbitration Rules, the following submission agreement is recommended:

"We, the undersigned parties, hereby agree that the following dispute shall be referred to and finally determined by arbitration in accordance with the APLS Expedited Arbitration Rules:

[Brief description of the dispute]

"The place of arbitration shall be.." The language to be used in the arbitral proceedings shall be…. The dispute shall be decided in accordance with the law of.."

The advantage of the combined procedure is the incentive that it offers for a good faith commitment by both parties to the conciliation process, since the consequence of a failure to reach an agreed settlement will be more tangibly measurable in terms of the financial and management commitment that would need to be incurred in the subsequent arbitration procedure.

The role of the APLS Arbitration Center is the same in each part of the combined procedure as described above in the Sections on conciliation and arbitration.

The same fees are payable to the Center in respect of the conciliation component as in a conciliation under the APLS Conciliation Rules. Likewise, if the dispute proceeds to arbitration, the same fees are payable to the Center in respect of the arbitration component as in an arbitration under the APLS Arbitration Rules, except that the Center will credit the registration fee paid for the conciliation against the registration fee payable for the arbitration.

Similarly, the conciliator's fees and the arbitrator's fees are determined in the same way as in conciliation under the APLS Conciliation Rules and arbitration under the APLS Arbitration Rules, respectively.

In order to refer future disputes under a contract to the combined procedure, the following clause is recommended for insertion in the contract:

"Any dispute, controversy or claim arising under, out of or relating to this contract and any subsequent amendments of this contract, including, with out limitation, its formation validity, binding effect, interpretation, performance, breach or termination, as well as non - contractual claims, shall be submitted to conciliation in accordance with the APLS Conciliation Rules. The place of conciliation shall be … The language to be used in the conciliation shall be …

"If, and to the extent that, any such dispute, controversy or claim has not been settled pursuant to the conciliation with in [60][90] days of the commencement of the conciliation, it shall, upon the filing of a Request for Arbitration by either party, be referred to and finally determined by arbitration in accordance with the APLS Arbitration Rules, Alternatively, if, before the expiration of the said period of [60][90] days, either Party fails to participate or to continue to participate in the conciliation, the dispute, controversy or claim shall, upon the filing of a Request of Arbitration by the other party, be referred to and finally determined by arbitration in accordance with the APLS Arbitration Rules. The arbitral tribunal shall consist of [three arbitrators] [a sole Arbitrator]. The place of arbitration shall be… the language to be used in the arbitral Proceedings shall be… The dispute, controversy or claim referred to arbitration shall be decided in accordance with the law of .."

In order to refer and existing dispute to the combined procedure, the following submission agreement is recommended:

"We, the undersigned parties, hereby agree to submit to conciliation in accordance with the APLS Conciliation Rules the following dispute:

[Brief description of the dispute]

"The place of conciliation shall be.. The language to be used in the conciliation shall be..

"We further agree that, if, and to the extent that, the dispute has not been settled Pursuant to the conciliation with in [60][90] days of the commencement of the conciliation, it shall, upon the filing of a Request for Arbitration by either party, be referred to and finally determined by arbitration in accordance with the APLS Arbitration Rules.

Alternatively, if , before the expiration of the said period of [60][90] days, either party fails to participate or to continue to participate in the conciliation, the dispute shall, upon the filling of a Request for Arbitration by the other party, be referred to and finally determined by arbitration in accordance with APLS Arbitration Rules. The Arbitral Tribunal shall consist of [three arbitrators] [a sole arbitrator]. The place of arbitration shall be .. The language to be used in the arbitral proceedings shall be.. The dispute referred to arbitration shall be decided in accordance with the law of .."

The APLS Arbitration Center maintains lists of persons who are specially qualified to act as conciliators and arbitrators. The lists contain in respect of each such person information on the person's experience and training in conciliation and arbitration, as well as on the person's specialized expertise in one or several of the various fields.

The lists are the primary source used by the Center when it is called upon to recommend to the parties, or to make appointments of conciliators or arbitrators.

There are two sorts of cases, which are described, in the following paragraphs, in which the Center may be called upon to make appointments.

The APLS Conciliation Rules, the APLS Arbitration Rules and the APLS Expedited Arbitration Rules provide for the Center to appoint a conciliator or arbitrator in certain circumstances in respect of conciliations and arbitrations administered by the Center.

In the case of conciliations, the APLS Conciliation Rules provide for the conciliator to be appointed by the parties. However, where the parties do not themselves appoint the conciliator, and do not specify another procedure for the appointment of the conciliator, the conciliator will be appointed by the Center. An appointment by the Center is made only after consultation with the parties.

In the case of conventional arbitrations, the APLS Arbitration Rules contain detailed provisions on the manner in which arbitrators are to be appointed. Where there is a sole arbitrator, they provide for the parties to appoint the sole arbitrator jointly. Where there are three arbitrators, each party appoints one arbitrator and the two arbitrators so appointed jointly appoint the third, presiding arbitrator. Where the parties themselves fail to exercise a right to make an appointment within a designated time period, or where the presiding arbitrator is not appointed within the applicable period of time, the appointment is made by the Center.

In cases where the Center is called upon to make an appointment of a sole or presiding arbitrator, the APLS Arbitration Rules provide for the Center to send a list of identical names of prospective arbitrators to each of the parties for them to indicate any objections and to express preferences in relation to the prospective arbitrators on the lists. Details of the professional experience, qualifications and training of the prospective arbitrators on the list are sent with the list. The prospective arbitrator who receives the highest preference on the marked lists returned by the parties will, assuming availability and the absence of any disqualifying circumstances, be appointed by the Center.

In the case of expedited arbitration’s, the APLS Expedited Arbitration Rules provide for the parties to appoint jointly the sole arbitrator. Where they do not do so within the designated time period, the Center appoints the sole arbitrator. In view of the emphasis on a quicker procedure, it does not send a list of prospective arbitrators to the parties but makes the appointment in the exercise of its discretion.

The Center will also, at the request of parties to a dispute, and against payment of a fee, appoint a conciliator or an arbitrator for conciliation or arbitration that are not administered by it (such as ad hoc conciliation’s or arbitration’s administered by another institution). The amount of the fee charged for this service is set out in the Schedule of Fees contained in Section X.

Indicative Hourly and Daily Rates

1. Where the amount of the claim is not specified at the time of submitting the Request for Arbitration, a registration fee of Rs. 1,000 shall be payable, subject to adjustment when the statement of Claim is filed.
2. Where a claim is not for a monetary amount, a registration fee of Rs. 1000 shall be payable, subject to adjustment. The adjustment shall be made by reference to the registration fee that the Center, upon examination of the Request for Arbitration or the Statement of Claim, determines to be appropriate in the circumstances.
3. The amount of claims expressed in currencies other than United States dollars shall, for the purpose of calculating the registration fee, be converted to amounts expressed in United States dollars on the basis of the official United Nations exchange rate prevailing on the date of submission of the Request for Arbitration.

1. Where a claim or counter-claim is not for a monetary amount, the Center shall determine an appropriate administration fee.
2. For the purpose of calculating the administration fee, the percentage figures are applied to each successive part of the amount of claim or counter-claim. For example, if the amount of claim is Rs. 50,00,000, the administration fee would be calculated as follows:

Rs. 1,00,000 Rs. 5,000

Rs. 9,00,000 (difference between Rs. 9,000

1,00,000 and 10,00,000) 1%

Rs. 40,00,000 (difference between

10,00,000 and 50,00,000) 0.5% Rs. 20,000

Rs. 50,00,000 Rs. 34,000

3. The maximum administration fee payable is Rs. 75,000
4. The amounts of claims or counter-claims expressed in currencies other than United States dollars shall, for the purposes of calculating the administration fee, be converted to amounts expressed in United States dollars on the basis of the official United Nations exchange rate prevailing on the date of submission of the claim or of the counter-claim, respectively.

The fees of the Center are the same as for an arbitration under the APLS Arbitration Rules.

The arbitrator’s fees are determined in the same way as the fees of an arbitrator in arbitration under the APLS Arbitration Rules.

CONCILIATION FOLLWED,

The fees payable to the Center in respect of the conciliation component are those payable for conciliation under the APLS Conciliation Rules. If the dispute proceeds to arbitration, the fees payable in respect of the arbitration are those payable for an arbitration under the APLS Arbitration Rules EXCEPT THAT the Center will credit the registration fee paid for the conciliation (up to a maximum amount of 3,000) against the registration fee payable for the arbitration.

The fees of the conciliation are determined in the same way as the fees of the conciliator in conciliation under the APLS Conciliation Rules. Likewise, if the dispute proceeds to arbitration, the arbitrator’s fees are determined in the same way as the fees of an arbitrator in arbitration under the APLS Arbitration Rules.

For each request to appoint a conciliator or an arbitrator, a fee of not more than Rs. 10,000 is payable to the Center.

1. The fees of Rs. 3,000 is payable by the party requesting the Center to appoint the conciliator or the arbitrator.
2. The actual amount payable to the center on any such request will be decided by the Chief Administrator depending upon the nature of the claim, quantum of the subject matter of the dispute and the name of the Arbitrator/Conciliator sought for.
3. No action will be taken by the Center on a request to appoint a conciliator or an arbitrator until the fee has been paid.

 

 

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4. The fee covers any related services to be rendered by the Center in connection with the appointment, such as decision on a challenge or replacement of an arbitrator.

For any request to provide arbitration Courtroom in cases not administered by the center, the administrator may allow request subject to availability and on a daily or hourly charge as the administrator thinks fit.

Per Day/part thereof Rs 1,000

The APLS Arbitration Center organises both conferences on particular themes relating to conciliation, arbitration and the resolution of disputes, and training programs designed specifically for conciliators or arbitrators or those wishing to receive training as conciliators or arbitrators.

Conferences are designed for large audiences and are intended to illustrate the advantages, opportunities and limitations of particular dispute resolution procedures, or to provide an occasion for a detailed examination of a particular theme.

Training programs are designed for a limited number of participants and are intended to teach skills for, and to provide detailed insight into, conciliation or arbitration, particularly under the APLS Conciliation Rules and the APLS Arbitration Rules.

Details of planned conferences and training programs are available from the Center.