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The Madras High Court Arbitration Centre (MHCAC) (Internal Management) Rules, 2017
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The Madras High Court Arbitration Proceedings Rules, 2017
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The Madras High Court Arbitration Centre (MHCAC) (Administrative Cost and Arbitrator’s Fees) Rules, 2017
THE MADRAS HIGH COURT ARBITRATION CENTRE (MHCAC)(INTERNAL MANAGEMENT) RULES, 2017
PRELIMINARY
1. Title –
(1) These Rules may be called the Madras High Court Arbitration Centre (Internal Management) Rules, 2017.
(2) The Rules shall come into force with eff ect from the date of its notifi cation.
2. Definitions –
(1) In these Rules, unless the context otherwise requires: –
(a) “Act” means the Arbitration and Conciliation Act, 1996, and any amendments thereto or re-enactment thereof;
(b) “Arbitration Committee” means the Committee constituted under Rule 3 of these Rules;
(c) “Arbitrator(s)” means person(s) appointed as an Arbitrator from the MHCAC Panel of Arbitrators or by the
Courts or by consent of parties;
(d) “Arbitral Award” includes an interim, partial and preliminary Award;
(e) “Chairperson” means the person(s) referred to in Rule (3)(1)(a);
(f) “MHCAC” means Madras High Court Arbitration Centre;
(g) ”MHCAC Panel of Arbitrators” means the Panel of Arbitrators prepared in accordance with Rule 8 of these Rules (for short, the Panel);
(h) “Registrar” and “Additional Registrars” means the persons appointed to such positions in terms of Rule 6 of these Rules;
(i) “Dispute” includes diff erences;
(j) “Party” means a party(ies) to an Arbitration Agreement;
(k) The “Chief Justice” means the Chief Justice of the High Court of Judicature at Madras, who shall have
the powers vested under Rules 3, 6, 8, 12 and/or any other express or implied or exercisable powers vested under these Rules.
(2) The words and phrases not defi ned in these Rules shall bear the same meaning as used or defi ned in the Act.
PART – I
ARBITRATION COMMITTEE
3. The Arbitration Committee –
(1) There shall be an Arbitration Committee consisting of members as under:-
(a) The Chairperson of the Arbitration Committee shall be the Chief Justice or his/her nominee;
(b) Three Judges of the High Court to be nominated by the Chief Justice. The said three Judges shall continue
in such position at the discretion of the Chief Justice;
(c) The senior most amongst them shall preside over the meetings of the Committee, in the absence of the Chief Justice or his/her nominee who shall also exercise such powers and duties as may be assigned to them by the Chairperson;
(d) Advocate General for the State of Tamil Nadu and in his/her absence an Additional Advocate General, nominated by him/her;
(e) “Not less than four members to be nominated by the Chief Justice out of whom, two shall be designated Senior Advocates and both of the other remaining two shall either be experts in the fi elds of Arbitration or Advocate having expertise in the said fi eld. Of this, one member can be an Advocate having expertise in the fi eld of Arbitration and the other Non-Advocate shall also be an expert. They shall continue for a term not exceeding three years from the date of their nomination and may be renominated by the Chief Justice for a further term not exceeding three years;
(2) The Registrar shall be the Ex-offi cio Member of the Arbitration Committee, without any voting rights and shall
convene the meetings of the Arbitration Committee as may be desired by the Chairperson.
(3) The members of the Arbitration Committee shall meet as and when required for the smooth and sufficient functioning of the MHCAC. No meeting of the Arbitration Committee shall be held or any business transacted there at, unless the Chairperson and one other Judge, or at least two other Judges among the Judges described in Rule 3(1)(b), together with one other person from among the members described in Rule 3(1)(c) or Rule 3(1)(d), are present.
4. Powers of the Arbitration Committee –
(1) To take decisions for smooth and eff ective functioning of the MHCAC.
(2) To formulate rules for internal functioning of the Arbitration Committee and lay down guidelines for the Secretariat.
(3) To recommend revision/amendment in the Madras High Court Arbitration Centre (Internal Management) Rules, the Madras High Court Arbitration Proceedings Rules and the Madras High Court Arbitration Centre (Administrative Costs
and Arbitrators’ Fees) Rules and the Rules stated in Rule 4 (2) of these Rules, as deemed appropriate.
(4) To prepare and update the Panel of Arbitrators and to take such decisions as may be required from time to time.
(5) To fi x/revise the Arbitrator’s fee in terms of the MHCAC (Administrative Costs and Arbitrators’ Fees Rules,
2017).
(6) To remove a person from the Panel of Arbitrators if:-
(a) Any complaint of breach of duty or misconduct is received against him/her and the Arbitration Committee is of the opinion that it would be expedient and in the interest of the MHCAC not to continue such person on its Panel of Arbitrators; or
(b) He is declared to be of unsound mind or becomes incapacitated; (or)
(c) He has incurred any disqualifi cation under the Act;
(d) For any other reason deemed appropriate by the Committee.
(7) To recommend to the Chairperson to open Madras High Court Arbitration Centres in Madurai, Coimbatore or such other places in the State of Tamil Nadu to encourage the Subordinate Courts to refer matters to Arbitration in compliance with Section 89 of the Code of Civil Procedure to encourage advocates to utilize the MHCAC for settlement of disputes where the parties agree in terms of the Agreement/Contract to settle disputes through Arbitration to help the litigant public to approach the MHCAC in the particular district where it is situated/contract/agreement is executed or where the evidence is available to be adduced and the disputes are referred under Section 11 (6) of the Arbitration and Conciliation Act, 1996.
5. Functions of the Arbitration Committee –
(1) To monitor and oversee the Administration of the MHCAC.
(2) To include/exclude members on the Panel of Arbitrators.
(3) To organize events or seminars in the fi eld of Law of Arbitration and to promote the use of the MHCAC for resolution of disputes.
(4) To promote the cause of Arbitration in the manner as may be expedient from time to time.
(5) To publish journals and other publications relevant to the objects of the MHCAC.
PART – II
SECRETARIAT
6. The Secretariat –
(1) There shall be a Secretariat to supervise and manage the MHCAC which shall consist of:-
(a) A member of the Tamil Nadu State Judicial Service in the cadre of District Judge except entry level to be nominated by the Chairperson as Registrar who will be in charge of the MHCAC and will act under the supervision of the Chairperson and the Arbitration Committee;
(b) Two members of Tamil Nadu Judicial Service to be appointed by the Chairperson as Additional Registrars
to assist the Registrar;
(c) Notwithstanding anything contained in Clause (a) & (b), the Chairperson may appoint a person, who, in the opinion of the Chairperson, is well qualifi ed and suitable to be appointed as a Registrar;
(d) Such staff as may be appointed/deputed by the Chairperson.
(2) The duties and responsibilities of the Secretariat shall be as under:-
(a) To process the records pertaining to each request for Arbitration received by the MHCAC and recommend to the Registrar to initiate action in accordance with the rules of the MHCAC;
(b) To call upon the parties through the Registrar to file their Statement(s) of Claim, Statements of Defence, Counterclaims and replies within the timelines fixed by the Arbitral Tribunal ;
(c) To compile all documents received pursuant to fi ling of a request, divide them into separate volumes, forward a copy to each member of the Arbitral Tribunal and maintain a copy for the record of the MHCAC in accordance with the Madras High Court Arbitration Proceedings Rules or forward them to the Courts if so, called upon;
(d) To call upon the parties through the Registrar to deposit the assessed miscellaneous expenses of the MHCAC;
(e) To render assistance by way of legal research, if called upon or requested to by the Arbitral Tribunal.
(3) To take all steps as may be necessary for timely completion of Arbitration Proceedings.
(4) To maintain true and fair accounts of all amounts received and expended by the MHCAC.
7. Duties and Responsibilities of the Registrar –
(1) The Registrar shall be responsible for the day to day functioning of the MHCAC.
(2) Without prejudice to the generality of the provision (1) above, the Registrar shall undertake the following:-
(a) Place all the records pertaining to each request for Arbitration of disputes before the Secretariat;
(b) Initiate action in accordance with the Rules of the MHCAC;
(c) Notify the parties to comply with requirements of fi ling of the “Request and Reply” and the submission and payment of Arbitrator’s fees and miscellaneous expenses, within the prescribed time frame;
(d) Maintain and update from time to time a profi le of each Arbitrator in the Panel of Arbitrators of the MHCAC and make it available to the parties on request;
(e) Maintain a fact sheet of each Arbitration case dealt with by the MHCAC;
(f) Carry out directions given by the Arbitration Committee from time to time;
(g) To ensure that all details relating to the MHCAC and its working are periodically uploaded in the website of the High Court of Madras.
(3) All correspondences and communications to the MHCAC shall be addressed to the Registrar and all correspondences
and communications on behalf of the MHCAC shall be made by the Registrar.
(4) Submit true and proper accounts to the Arbitration Committee for its approval once a month.
(5) To obtain the approval of the Chairperson/Arbitration Committee for sanction of expenses in excess of Rs.10,000/- per month, which may be deemed necessary for the upkeep of the premises.
PART – III
PANEL OF ARBITRATORS
8. Panel of Arbitrators –
(1) The Arbitration Committee shall prepare and maintain a Panel of Arbitrators from and amongst persons who are
eligible and willing to serve as Arbitrators.
(2) The Secretariat shall maintain an up-to-date Panel of Arbitrators together with information as to the qualifi cations
and experience.
(3) A Curriculum Vitae shall be furnished if so, deemed appropriate by the persons interested to be placed on the MHCAC Panel of Arbitrators, in the form prescribed in the Madras High Court Arbitration Proceedings Rules. Provided that in so far as Retired Judges are concerned, they may be invited to be on the Panel of Arbitrators for which purpose their contact details and areas of interest may be requested. Information so submitted by the persons who are finally empanelled may be made available to the parties seeking to appoint an Arbitrator from the Panel of Arbitrators.
(4) The Arbitration Committee may at any time add new name(s) to the Panel of Arbitrators or delete the name(s)
of any person(s) from the Panel of Arbitrators.
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