ODR Rules

 

CNICA RULES OF ODR

CNICA Rules of ODR with effect from 01.01.2023

Preamble
Rules to consolidate and bring into effect the provision under 29B of Arbitration and Conciliation, 1996

Short title and Commencement
This Rule may be called the “CNICA Rules of Online Disputes Resolution (CNICA Rules of ODR), 2020” and it shall come into force with effect from .

1. Definitions

a) “Act” means the Arbitration and Conciliation Act, 1996 and the amendments thereof from time to time.
b) “Address” means electronic mail address, mobile number, or such other electronic addresses pertaining to electronic modes of communication which is approved by the CNICA ODR Portal.
c) “Arbitrator” refers to a person who fulfils qualifications as laid down from time to time under the statue and who is computer – savvy and possess knowledge in law and practice, with high sense of professional ethics and/or capable of entering independent and unbiased decision.
d) “Automated Process” means the process to be followed for cases mentioned in 2(a).
e) “Claimant(s)” refers to a person(s) who has/have claim against the respondent(s)(s).
f) “CNICA” refers to Council for National and International Commercial Arbitration (CNICA), formed under the aegis of the Trust for Alternative Disputes Resolution which is registered under the Indian Trust Act, as the case maybe.
g) “Juridical Seat” shall be Chennai situate in the State of Tamil Nadu, India, for all disputes agreed to be resolved under CNICA Rules of ODR
h) “Log in” means the process by which the Claimant, Respondent(s)(s) and Arbitrator shall enter into the CNICA ODR Portal to initiate and continue, their online arbitration process using the credentials verified in ‘Sign in’ process.
i) “Manual process” means the process that is to be followed in cases falling under rule 2(b).
j) “party” means either the Claimant(s) or the Respondent(s)(s).
k) “parties” include both the Claimant(s) and the Respondent(s)(s).
l) “Respondent(s)(s)” means a person or persons against whom Statement of Claim (SoC) is filed.
m) “Rules” means the CNICA Rules of Online Dispute Resolution as amended from time to time.
n) “Sign in” means the process by which the Claimant, Respondent(s)(s) and the Arbitrator shall register themselves to create an account by using a unique login and password in the secured CNICA ODR Portal and also to verify their email and mobile number.
o) “Statement of Claim” (SoC) means the Statement of Claim referred to in Rule 5 or in Rule as the case may be of the CNICA Rules of ODR.
p) “Statement of Defence” (SoD) means the Statement of Defence referred to in Rule 6 or in Rule as the case may be of the CNICA Rules of ODR.
q) “Statement of Rejoinder” (SoR) means the Statement of Rejoinder referred to in Rule 7 or in Rule as the case may be of the CNICA Rules of ODR.
r) “Statement of Reply to Rejoinder” (SoRR) means the Statement of Reply to Rejoinder referred to in Rule 8 or in Rule as the case may be of the CNICA Rules of ODR.
s) Portal means the CNICA web portal which shall be www.cnica-odr.com

2. Applicability

a) The Arbitration Rules of CNICA -ODR shall be applicable and govern those arbitration proceedings where the parties have agreed to submit their pending, or future disputes that may arise between them, to arbitration under the Rules of CNICA-ODR.

b) Where

i) The parties to the disputes have agreed resolve their disputes through an Online Dispute Resolution process but without naming any platform or institution; or
ii) The parties to the dispute proceed to accept the process under Section 29B of the Act and where the parties possess the email and mobile number as their address for communication; or
iii) A party to dispute deems it fit to conduct the arbitration proceedings online and possess the requirements to so conduct.

c) The governing rules for all process under the cnica-odr.com shall be under the CNICA Rules of ODR in effect at the time when the notice of reference of dispute to arbitration is issued by the claimant.

3. Communications

a) Communication shall mean information communicated electronically and may include either one of the modes such as email, messaging services, voice message, or such other electronic modes of communication which is approved by the CNICA Rules of ODR and such communication shall be deemed to have been received, if it is sent to the email address and mobile number provided by the parties.
b) All communications shall be directed to the CNICA ODR Portal in English.
c) All communications, made through the CNICA ODR Portal, shall be deemed to have been received, on the date on which the communication was sent.
d) The Claimant shall, at the time of registration of the dispute in CNICA ODR Portal, shall upload the agreement to resolve dispute through CNICA-ODR process or otherwise which would enable the parties to resolve their disputes through cnica-odr platform, in either of the process and the notice of reference to arbitration to the respondent(s)(s).
e) Any communication by CNICA, the arbitrator, the claimant or the respondent(s)(s) shall be sent to all the concerned. The date of all communication shall be the date as generated by the portal and displayed.
f) CNICA-ODR shall after going through the dispute resolution clause in the agreement uploaded by the claimant assign the case to the automated or manual process.
g) The time period calculated under the automated process of CNICA Rules of ODR to commence from the date of registration of the dispute as provided under Rule 4.

4. Registration of Claim

The claimant shall after successful login shall register its new claim providing information as required in the CNICA ODR Portal.

5. Statement of Claim (SoC)

i) The Statement of Claim (SoC) shall be submitted in read only PDF/JPG/JPEG format or by filing the form provided or such other formats as approved by CNICA Rules of ODR from time to time, in the field specifically provided, within 10 days from the date of the arbitrator accepting his appointment in the CNICA ODR Portal.
ii) Documents filed in support of the claimant shall be filed along with the filing of Statement of Claim or subsequently but before the time for filing written argument is fixed in read only PDF/JPG/JPEG format or such other formats as approved by CNICA Rules of ODR from time to time in the field specifically provided.
iii) Individual files must not exceed the file size restrictions as set forth by CNICA-ODR Portal from time to time.

6. Statement of Defense (SoD)

i) The Statement of Defense must be submitted via the CNICA ODR Portal within 10 days of uploading of the Statement of Claim (SoC).
ii) The Statement of Defence and documents filed in support of the Statement of Defence shall be filed along with or after the filing of the Statement of Defence in read only format PDF/JPG/JPEG format or subsequently but before the time for filing written argument is fixed in read only PDF/JPG/JPEG format or such other formats as approved by CNICA Rules of ODR from time to time in the field specifically
iii) Individual files must not exceed the file size restrictions as set forth in CNICA ODR portal from time to time.

7. Statement of Rejoinder (SoR):

i) The Statement of Rejoinder(SoR), if any, must be submitted in the CNICA ODR Portal within 7 days of uploading of the Statement of Defense (SoD).
ii) Statement of Rejoinder shall be filed in read only format PDF/JPG/JPEG format or by filing the form provided or such other formats as approved by CNICA Rules of ODR from time to time in the field specifically provided.
iii) Individual files must not exceed the file size restrictions as set forth by CNICA ODR Portal from time to time.

8. Statement of Reply to Rejoinder (SoRR):

i) The Statement of Reply to Rejoinder (SoRR), if any, must be submitted in CNICA ODR Portal within 7 days of uploading of the Statement of Rejoinder (SoR).
(i) Reply to Rejoinder shall be filed in read only format PDF/JPG/JPEG format or by filing the form provided or such other formats as approved by CNICA Rules of ODR from time to time in the field specifically provided.
(ii) Individual files must not exceed the file size restrictions as set forth by CNICA from time to time.

h) Written Arguments:

(a) After the completion of pleadings, the disputants shall be provided with the option to file their Written Arguments within the time stipulated and the option to file documents shall cease on the fixation of time for filing written arguments.
(i) Written arguments if any, shall be filed in read only format PDF/JPG/JPEG format or by filing the form provided or such other formats as approved by CNICA Rules of ODR from time to time in the field specifically provided.
(ii) Individual files must not exceed the file size restrictions as set forth by CNICA from time to time.

i) Extensions:

(a)The parties may request for extension of time to submit their respective Statement of Claim (SoC), Statement of Defense (SoD), Statement of rejoinder (SoR), Statement of Rely to Rejoinder (SoRR) and Written Arguments, as the case may be. Any request by the parties for an extension of time must:
(i) be submitted via CNICA online portal;
(ii) be submitted before the respective deadline;
(iii) state the exceptional circumstances warranting the request for an extension; and
(iv) state the length of the extension being requested (not more than five (5) Days).
(b) The Arbitrator will, in his/her sole discretion, determine if the circumstances warrant granting the extension which shall not be in excess of 5 days.

11. Time Frame for Manual Process.

a) The Time schedule for automated process for filing/uploading of pleadings, written arguments and documents as mentioned in rule 5 to 10 shall be applicable for automated process.
b) For manual process the time for filing SoC, SoD, SoR, SoRR and Written Arguments shall be fixed and extended by the arbitrator at his/her discretion and the same shall be displayed in the CNICA- ODR Platform, save the time for filing SoC, SoD, SoR, SoRR and Written Arguments all other procedure stated in Rules 5 to 10 shall be applicable for manual process.

12. The Record of the Administrative Proceeding.

The Statement of Claim (SoC), Statement of Defense (SoD), Statement of Rejoinder (SoR), Statement of Reply to Rejoinder (SoRR), Written Arguments, documents filed by both the claimant and respondent(s) and such other evidences uploaded through the CNICA online Portal, constitute the complete record to be considered by the Arbitrator.

13. Appointment of Arbitrator

(a) The CNICA-ODR shall maintain a list of Arbitrators. The CNICA will appoint an Arbitrator from this list within 3 days from the date of registration of dispute.
(b) Once the arbitrator is appointed, CNICA shall notify the parties of the arbitrator appointed.
(c) Within 3 days from sending the communication of the appointment of arbitrator, the arbitrator shall submit the statement of acceptance and disclosures as required under law either by filing the form provided in the CNICA ODR Portal or uploading the statement in read only PDF/JPG/JPEG format or such other formats as approved by CNICA Rules of ODR from time to time in the field specifically provided.
(d) In the event of the arbitrator does not respond to the appointment within the stipulated time of three days or expresses his ineligibility or lack of consent, the period for appointment of arbitration shall stand extended by three days for appointment of arbitrator by CNICA ODR and the process from rule 13(1) shall repeat.

14. Impartiality and Independence

(a) CNICA Arbitrators on their request to be included in the panel have deemed to have accepted to follow the CNICA Rules of ODR and that they shall be neutral and independent.
(b) Arbitrator will be disqualified if circumstances exist that create a conflict of interest or cause the Arbitrator to be unfair and biased, including but not limited to the following:
(i) The Arbitrator has a personal bias or prejudice concerning a party or personal knowledge of disputed evidentiary facts;
(ii) The Arbitrator has served as an attorney to any party or the Arbitrator has been associated with an attorney who has represented a party during that association;
(iii) The Arbitrator, individually or as a fiduciary, or the Arbitrator’s spouse or minor child residing in the Arbitrator’s household, has a direct financial interest in a matter before the Arbitrator;
(iv) The Arbitrator or the Arbitrator’s spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person:
1. Is a party to the proceeding, or an officer, director, or trustee of a Party; or
2. Is acting as a lawyer or representative in the proceeding.
(c) A party may challenge the appointment of an Arbitrator provided that the award has not already been published, by filing with the CNICA ODR Portal a written request stating the circumstances and specific reasons for the disqualification.
(d) The arbitrator will promptly review the challenge and determine whether circumstances exist requiring his disqualification in accordance with this rule. The decision of the Arbitrator is not subject to appeal.

15. In person hearing:

(1) There shall be no in person hearing (including hearing by audio/video conferencing) unless the arbitrator determines, on a specific request made by either of the parties by email to the registrar@cnica-odr.com, and the arbitrator shall in consultation with CNICA-ODR, in his sole discretion and in exceptional matters provide for a hearing which shall be conducted virtually or physically at the discretion of the arbitrator. The cost for the same shall be borne by the party seeking for such facility.
(2) In the event of the arbitrator calling for personal hearing, the fee for personal hearing shall be fixed and shared by the parties equally.

16. Withdrawal/Settlement

(a) Prior to the publishing of Award, the Claimant may withdraw the Claim without prejudice. A withdrawal request must be submitted in the CNICA ODR Portal. Upon the receipt of the withdrawal request, the claim will be withdrawn without prejudice and the arbitration proceeding will be terminated.
(b) Prior to the publishing of Award, the Claimant may withdraw the claim pursuant to a joint request made by both parties. A withdrawal request must be submitted in the CNICA ODR Portal and it must be consented to by both parties, and may request dismissal either with or without prejudice.
(c) Any time prior to the publishing of Award, either of the parties to the dispute on arriving at a settlement may upload a memorandum of compromise enumerating the terms of compromise, the other party shall also file a memorandum accepting the same or rejecting the same. On acceptance by both parties the arbitrator shall subject to its legality shall pass an award on agreed terms.
(d) The claim cannot be withdrawn after the Award is published.

17. Interim measures by Arbitral Tribunal:

a) The Parties are entitled to file such applications as permitted under law and the respondent(s)(s) to the said application shall file its counter by the next hearing. The Application and the Counter shall be filed in the field specifically provided in the CNICA-ODR platform in read only format PDF/JPG/JPEG format or by filing the form provided or such other formats as approved by CNICA Rules of ODR from time to time in the field specifically provided.
b) The arbitrator shall pass such suitable orders including, ad interim order or interim order and such other order as provided under the Act.

18. Award

Arbitrator’s award will meet the requirements as set forth in the Act. The arbitrator shall pass a reasoned award. The arbitrator shall notwithstanding the process of payment of fees mentioned herein, order as to the cost. The award shall be passed within 45 days from the date of completion of pleadings. In exceptional circumstances the 45 days period may be extended by the arbitrator, maximum for 15 days. However, the arbitrator shall give a reason in writing for such extension.

19. Correction of Clerical Mistakes.

(1) Clerical mistakes or clerical errors in the Award arising from oversight or omission or any other reason by the Arbitrator may be corrected by the Arbitrator.
(2) Such application shall be made within 15 days of the publishing of the award in the CNICA ODR Portal, in the field provided.
(3) The arbitrator shall dispose of such request within 7 days of the request being made.

20. Publication of Award.

(a) The CNICA will publish the Award via electronic transmission to the parties.

21. Fees

a) Unless otherwise agreed by the parties, the administrative fee of CNICA and fee of the Arbitrator shall be payable by the claimant and the Respondent(s) in equal shares as decided by CNICA-ODR.COM.
b) The claimant and the respondent(s) shall pay to CNICA, the prescribed fee, such as, arbitrator’s fee, fee for personal hearing and the administrative expenses including the applicable Goods and Service Tax (GST) through CNICA ODR Portal. The Fees and administrative expenses shall be exclusive of GST.
c) CNICA shall also be entitled to fix the fees and administrative expenses on case to case bases.
d) 50% of the fees as calculated in the CNICA-ODR portal shall be paid by the claimant at the time of the claimant submitting the claim statement. ‘
e) 50% of the balance fees shall be shared equally among the respondent(s)s and in case of sole respondent(s) the same shall be payable by the respondent(s) at the time of the respondent(s) submitting the Statement of Defence. The respondent(s) is permitted to select the option “Not willing to pay” and skip payment. In such case the claimant shall have to pay the balance immediately thereafter.

22. Submission and Authentication

The Arbitrator, claimant(s) and respondent(s)(s) as and when they submit the forms or upload statements and documents, they confirm to the authenticity and the truth of the same. On submission it shall be deemed that they have respectively signed the document and have solemnly verified to the statements made therein.

23. Exclusion of Liability:

Neither CNICA nor the arbitrator shall be liable to a party for any act or omission in connection with any arbitration proceedings under the CNICA Rules of ODR.

24. Amendment:

The CNICA Rules of ODR may be amended from time to time by the CNICA in its sole discretion.