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
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
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
same should be resolved by way of arbitration while
following the ICADR Rules, 1996.
7. Learned counsel for the petitioner submits that ... Schedule of the Arbitration and Conciliation Act,
1996 . Schedule I of ICADR Rules, 1996 provides for the fixation of fees
as per the "amount
party, by the ICADR. |
| |
|(4) A decision by the ICADR on a matter |
|entrusted to it by sub-rule (2) or sub rule (3) |
|will ... Upon receipt of a request under sub-rule (2)|
|or sub-rule (3), the ICADR will- |
|(a) make the appointment as promptly as |
|possible
with the Rules of Arbitration of the International Centre for Alternative
Dispute Resolution, New Delhi (the "Rules"), or such other rules ... exercise of power
vested in it under Rule 5(2)(a) read with Rule 353 of ICADR Rules would
appoint an arbitrator on its behalf
party, by the ICADR.
(4) A decision by the ICADR on a
8
matter entrusted to it by sub-rule
(2) or sub rule ... Upon receipt of a request under
sub-rule (2) or sub-rule (3), the
ICADR will-
(a) make the appointment as promptly
as possible
