Summary Procedure

Summary Procedure –

(1)      Notwithstanding anything contained hereinbefore, the parties may mutually agree, in writing, adopting the summary procedure for resolution of their disputes or differences.

 

(2)      In adopting the summary procedure the parties shall sign an undertaking (Schedule III) in writing to the effect that they shall dispense with the necessity of oral evidence.

 

(3)      The Claimant shall submit documents in support alongwith the Request, in terms of Rule 3 of these Rules, to the Secretariat addressed to the Coordinator and supply a simultaneous copy to the other party.

 

(4)      The other party shall, within fifteen days of the receipt of the documents referred to in sub-rule (3), submit its Reply, in terms of Rule 4 of these Rules, to the Secretariat addressed to the Coordinator, together with documents in support of the Reply.

 

(5)      The parties may appoint a sole arbitrator from the DAC panel of arbitrators within a period of fifteen days after the expiry of the date specified in sub-rule (4) and communicate the same to the Coordinator. If parties fail to reach an agreement, the Chairperson shall make such appointment within one week after the expiry of said period of fifteen days.

 

(6)      The parties shall notify the Coordinator their estimate of time required to be spent by the Arbitral Tribunal to hear oral address by the parties. Based on such estimate, the Advisory Counsel shall determine the time-table, in consultation with the arbitrator(s) and notify the parties.

 

(7)      Any relevant document that could not be filed at the stage as provided under sub-rules (3) and (4), for the reason that either the party was not aware of its existence or was unable to locate the same despite reasonable efforts, may be filed at a later stage, if permitted by a written order of the Arbitral Tribunal subject to payment of costs, as may be determined.

 

The Arbitral Tribunal before taking the documents on record must satisfy itself that the document is relevant, material and necessary for the resolution of the dispute(s) before it;

 

Provided, that no such document may be filed after the Terms of Reference have been drawn up by the Arbitral Tribunal.

 

(8)      Soon after appointment of the sole arbitrator, the Advisory Counsel, in consultation with the Arbitral Tribunal, shall notify the parties, the date of hearing which should not be later than fifteen days.

 

(9)      On the date of hearing, the Arbitral Tribunal shall settle Terms of Reference in consultation with parties and same shall be signed by parties as well as by the Arbitral Tribunal. The parties shall thereafter proceed to address oral argument based on records of case.

 

(10)    The Arbitral Tribunal is expected to make its Award within thirty days after conclusion of oral address by the parties.

 

(11)    The sole arbitrators fee shall be as prescribed in Schedule A’ and ‘B’ respectively of the Delhi High Court Arbitration Centre (Arbitrators’ Fees) Rules.