ARBITRATION RULES

CHAMBER ARBITRATION TRIBUNAL (ChaAT)RULES, 2007

Effective from 24th November 2007
PRELIMINARY

1. Short Title and Scope:

These rules may be called the ‘‘CHAMBER ARBITRATION TRIBUNAL (ChaAT) Rules, 2007’’ administered by Tamilnadu Chamber of Commerce & Industry, Madurai.

  • These rules shall apply where the parties have agreed in writing that-
  • A dispute which has arisen, or
  • A dispute which may arise, between them in respect of defined legal relationship, whether contractual or not, shall be resolved under the ChaAT Rules, 2007.
  • Any dispute referred to by any competent Court or Government shall be also resolved under these rules.

2. Definitions:

In these rules, unless the context otherwise requires,

  • “Arbitral Award” means the award pronounced by ChaAT and includes an interim award also;
  • “Arbitration Rules” or “Rules” means the ChaAT Rules, 2007;
  • “Arbitrator” means a person appointed as arbitrator and includes presiding arbitrator;
  • “Arbitral Tribunal” means an arbitrator or arbitrators appointed for determining particular dispute(s) or difference(s);
  • “Chamber” means the Tamilnadu Chamber of Commerce & Industry, Madurai;
  • “Chairman” means the Chairman of Commerce Committee of hat;
  • “ChaAT” means the Chamber Arbitration Tribunal and ChaAT Mediation Center administered by Chamber for Alternative Dispute Resolution;
  • “ChaAT Scrutiny Committee” means the ChaAT Scrutiny Committee as provided for hereinafter.
  • “Claimant” means party wishing to commence arbitration proceeding under the ChaAT Rules;
  • “Committee means the Administrative Committee of ChaAT as provided for hereinafter;
  • “Fast Track Arbitration” means arbitration in accordance with these Rules;
  • “Governing Body” means the Executive Committee of the Chamber;
  • “Guidelines” means the guidelines for arbitrators and the parties to arbitration for expeditious conduct of the arbitration proceedings given in these Rules;
  • “International Commercial Arbitration” means an arbitration relating to disputes arising out of legal relationships, whether contractual or not, considered as commercial under the law in force in India and where at least one of the parties is
    • an individual who is a national of, or habitually resident in, any country other than India; or
    • a body corporate which is incorporated in any country other than India; or
    • a company or an association or a body of individuals whose central management and control is any country other than India; or
    • the government of a foreign country.
  • “Mediator” means a person appointed as Mediator;
  • Panel of Arbitrators” means the Panel of persons maintained by ChaAT o act experts;
  • “Panel of Experts” means the panel of persons maintained by ChaAT to act as Mediators;
  • “Panel of Mediators” means the panel of persons maintained by ChaAT to act as Mediators;
  • “Party” means a party to an arbitration agreement. It shall include any Individual (who is an Indian National or from any country other than India), H.U.F., Firm, Association of Persons, whether incorporated or not, BOI (Body of Individuals), Co-operative Society, Company (incorporated in India or other than India ), Government (includes Government of Foreign Country), Government Organisation or Government Undertaking;
  • “ Place of Arbitration” is ChaAT located at Tamilnadu Chamber of Commerce & Industry, 178-B, Kamarajar Salai, Madurai or any other place fixed by the Arbitral Tribunal as per Rule;
  • “president” means the President of Tamilnadu chamber of Commerce & Industry, Madurai;
  • “Registrar” means the Registrar appointed from time to time by the Committee and includes such other persons as te Committee may nominate for carrying out the duties of the Registrar under these rules;
  • “Respondent” means party against whom arbitration reference has been filed;
  • “Schedule” means the Schedule to these Rules containing Appendix;
  • “Senior President” means the Senior President of Tamilnadu Chamber of Commerce & Industry, Madurai;
  • “Words” importing the singular number include where the context admits or requires, the plural number and vice versa.

3. Committee and its Chairman:

The Governing Body shall constitute an Administrative Committee of ChaAT for performing functions prescribed under these Rules. The Committee shall consist of a Chairman, who shall be a graduate, preferably be a law graduate and three members preferably members of Governing Body. The Senior President or President of the Chamber shall represent the Chamber in the Committee and the other, if not the Chairman or Member of the Committee constituted as above, shall be the ex-office member of the Committee. The Committee shall hold office normally for one year or till the committee is reconstituted.