Rules
The Madras High Court, by virtue of Section 82 of the Arbitration and Conciliation Act, 1996 made ‘The Madras High Court (Arbitration) Rules, 2020 (‘Rules’ for short) vide Notification No. SRO C-7/2021, dated 03.03.2021. These rules came into effect from 03.03.2021.
Applicability
These rules are applicable to proceedings before the Courts in Tamil Nadu and Puducherry under The Arbitration and Conciliation Act, 1996. (‘Act’ for short)
Nomenclature
Every application filed under-
- Section 8 –
- Section 9-
- Section 27 –
- Section 29A(5) –
- Section 34(3) –
- Section 34(4)-
- Section 36(3) –
- Section 39(2) –
- Section 41(2) –
- Section 43(3) –
- Section 45-
- Section 54 –
of the Act shall be numbered as ‘Arbitration Application’ (;Arb Appln.’ In short).
Every application fi led under-
- Sections 11
- Section 14
- Section 34
- Section 47
- Section 48
- Section 49
- Section 55
- Section 56
- Section 57
- Section 58
of the Act shall be numbered as 'Arbitration Original Petition' (‘Arbo O.P.’ in short).
Every appeal fi led under-
- Sections 37
- Section 50
- Section 59
of the Act shall be numbered as 'Arbitration Appeal' ('Arb. Appeal' in short).
Every application fi led under-
- Sections 17 (2)
- Section 36
of the Act shall be numbered as 'Arbitration Enforcement Petition' ('Arb. E.P.' in short).
all interlocutory applications in pending proceedings and all the proceedings filed under the Act shall be numbered as 'Arbitration Application' (;Arb Appln.' in short).
Formats
- Every Arbitration Application shall be in the form of a Judge's Summons (in the High Court) or a Petition (in other Courts) containing the relief sought and shall be supported by an affidavit containing the relevant facts and circumstances.
- Every Arbitration Original Petition shall set out the facts in brief, the basis of challenge, wherever the award is challenged and the relief sought.
- The petition shall be verified by an affidavit.
- Every Arbitration Appeal shall be in the form of memorandum, setting forth concisely and in distinct heads the grounds of appeal, numbered consecutively. The memorandum of appeal shall not give details of the disputes or the proceedings before the arbitral tribunal or the Court.
- Every Arbitration Enforcement Petition under Rule 3 (iv) shall be in the form prescribed under the Code and the Rules of the High Court, Madras, Original Side, 1994, as applicable.
- Proceedings before the Court under the Act shall bear as part of the cause title the description 'In the matter of Arbitration and Conciliation Act, 1996' and 'In the matter of Arbitral Agreement dated.............. ' or 'In the matter of Arbitral Award dated.............', as the case may be.
- Petitioner or Applicant shall disclose all previous proceedings with respect to the arbitration agreement, out of which the subject matter of the present proceedings arise, including the court or forum where such proceedings have been fi led, whether pending or disposed.
- Documents to be fi led in proceedings governed by these Rules shall be as prescribed in Practice Directions from time to time.
Filing procedure
The filing procedure in respect of arbitration is in accordance with Code of Civil Procedure, Original Side Rules and Appellate Side Rules in the High Court, Code of Civil Procedure and Civil Rules of Practice in Courts other than the High Court and also in accordance with Practice Directions issued from time to time. The sole arbitrator or arbitrators constituting the Arbitral Tribunal shall not be added s respondent or respondents. However, the petitioner shall give the names and the addresses for services of the sole arbitrator or all the arbitrators constituting the arbitral tribunal. Where allegations (including but not limited to proceedings under Section 14 and clause (i) of explanation 1 of sub-section 2 (b) of Section 34) are made against one or more arbitrators, all the arbitrators shall be made respondents.
Procedure for getting interim measure
When an application is made for an interim measure, under Section 9 of the Act, the Court may –
- issue notice to the respondent; or
- (b) make an ex-parte interim order that it thinks fi t in accordance with the terms of the Code, where applicable; or
- dismiss it, with or without costs.
If it is proposed to make an order by way of interim measure without giving notice of the application to the Respondent, the Court shall record the reasons for its opinion that the object of granting the interim measure would be defeated by delay and require the applicant-
- to deliver to the Respondent, or to send to him by registered, speed post with acknowledgement due, within a day of the order granting the interim measure;
- a copy of the application;
- a copy of the affidavit fi led in support of the application; and
- a copy of documents fi led along with the application;
- to cause to be fi led, within the day immediately following the day on which such interim order is granted, an affidavit stating that Rule 7(1 )(a) has been complied with-
- Where an interim order has been granted without giving notice to the Respondent, the Court shall make an endeavor to finally dispose of the application within 30 days from the date on which the interim order was granted.
- In an application for interim measure fi led before the commencement of the arbitral proceedings, the application shall specifically refer to the steps, if any, already taken to seek arbitration or demonstrate the intent to seek arbitration.
Procedure in respect of appointment of arbitrator
The procedure in filing application under Section 11 of the Act for the appointment of arbitrator is as detailed below-
- Every petition under Section 34 shall be posted for admission before the Court the Court may-
- admit and order notice to the respondent, or
- direct the petitioner to issue notice along with the petition and documents to the respondent before the matter is heard for admission; or
- dismiss the petition, with or without costs.
- The Court shall endeavor to decide the admission within 3 months from the date of first hearing.
- When notice is issued the records of the Arbitral Tribunal shall request where the admission is on one or more grounds under Section 34 (2) (a).
- the arbitral tribunal shall preserve the records of such arbitral proceedings for a period of two years from the date of the award.
- The Court may, at any stage of the proceedings before it, at the request of any party or suo motu, call for all or any part of the records of the arbitral tribunal.
- the Respondent shall not fi le any counter statement or counter affidavit, unless
- the Court directs otherwise; or
- the petition alleges that the making of the Award was induced or effected by fraud or corruption.
- The petition shall be decided on the grounds of challenge and the records of the arbitral tribunal.
Arbitration Enforcement petition
Arbitration Enforcement petitions may be fi led in a court within whose jurisdiction the person against whom the enforcement is sought resides or carries on business or his property is situated. The Code of Civil Procedure and the Madras High Court Original Side Rules, to the extent applicable, shall apply to the arbitration enforcement petitions.
General provisions
- The Court may, at the request of a party or suo motu and at any stage of a proceeding before it, issue summons to the arbitrators to produce before the Court all or any part of the records of the Arbitral Tribunal.
- Where the Court directs issuance of notice, the applicant shall, in addition to Court notice with leave of the Court, take out private notice by registered post, speed post with acknowledgement due or by courier with proof of delivery or by any other means of transmission (including electronic means) within 3 days from the date of such order.
- Court fees in relation to proceedings under this Act shall be governed by the High Court Fee Rules, 1956, the Tamil Nadu Court Fees & Suit Valuation Act or such other Acts and Rules as may be applicable from time to time.
- The principal District Judge may, at his discretion, make over proceedings under the Act to any Additional District Judges in that District.
- The Chief Justice may from time-to-time issue, amend and withdraw Practice Directions - Arb. for the effective and efficient application of the Rules.
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