this Court was also drawn to Article 17
of the ICADR Rules to submit that the place of arbitration shall be New
Delhi or such ... Rules of the International Centre for Alternative Dispute Resolution, New
Delhi" and that by incorporating the Rules of ICADR, New Delhi into the
Contract
Arbitration of the
International Centre for Alternative Dispute Resolution, New Delhi
(„ICADR Rules‟, for short). The respondent is a special purpose
vehicle incorporated to carry ... mutually agreed to refer the disputes to arbitration in accordance with
ICADR Rules in terms of Clause 44.3.1 reproduced above, and
accordingly a three-member
rules of International
Centre for Alternative Dispute Resolution ('ICADR Rules',
hereinafter). The notice dated August 16, 2021 was duly served on the
respondent ... accordance with the
rules of arbitration of the International Centre for
Alternative Dispute Resolution, New Delhi (the ―Rules‖),
or such other rules
Upon receipt of a request under sub-rule (2) or sub-
rule (3), the ICADR will-
(a) make the appointment as promptly as possible ... unless parties
otherwise agree within 30 days, these rules are applicable.
44. Rule 10 of the ICADR Rule deals with the termination of mandate
International Centre for Alternative Dispute Resolution [hereinafter,
"ICADR"] and ICADR Rules, it did not mandate that proceedings must be
held under the aegis ... outside the mandate of the ICADR, it was entitled to determine its fee and
not be bound by ICADR Rules.
16. While making payment
which,
as indicated above, in this case was ICADR. The argument was that since
ICADR Rules provided a basis for calculating the fees and parties ... proceedings between them will be governed
by the ICADR Rules.
14.3 Rule 28 of the ICADR Rules clearly provides that the fee and the
charges
Tribunal. Thereafter, the petitioner sent another letter to ICADR
wherein it drew ICADRS attention to Rule 10. But ICADR on
01.04.2011 refuted the contentions ... Upon receipt of a request under sub-rule (2) or sub-rule (3),
the ICADR will--
(a) make the appointment as promptly as possible
Rules of the International Centre for Alternative Dispute Resolution,
New Delhi (ICADR Rules). He submits that the Rules expressly
provided that the place of arbitration ... Resolution (ACADR) are located. He referred to
Rule 17 of the ICADR Rules, which reads as under:
"17. Place of arbitration.-- (1) The place
parties
have agreed for arbitration under the aegis of ICADR in accordance with the ICADR
Rules and the Arbitration Act and consciously did not mention ... parties have agreed for arbitration under the aegis of ICADR in
accordance with the ICADR Rules and the Arbitration Act and consciously
did not mention
aegis of
International Centre for Alternative Dispute Resolution (ICADR) and be governed
by ICADR rules without the consent of respondent (IEPCL).
OMP No. 231/2005 ... clear provisions of rule 1 that the rules shall be
applicable only with consent of parties, it was held that ICADR rules shall
