ARBITRATION

Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators, who make a binding decision on the dispute. It is an Alternate Dispute Resolution (ADR) to resolve a dispute instead of going to regular courts. Arbitration can take place only, if both parties have agreed to it. ChaAT is an Institutional Arbitration Centre.

MEDIATION

The parties may opt for mediation and request the Arbitral Tribunal before the commencement of the arbitration proceedings under Rule 21(1)(a) or at any time during the arbitral proceedings, unless they have already agreed otherwise, to settle their dispute through mediation as per the rules of mediation of ChaAT. On such request, the dispute shall be referred to ChaAT Mediation Centre for settlement by single or more mediators asper the request of the parties:

    • There shall be one mediator unless the parties agree that there shall be two or three mediators.
    • Where there is more than one mediator, they ought, as a general rule, to act, jointly.

BENEFITS of ChaAT

Simple procedure! Speedy disposal!

  • Commercial disputes will be settled/decided at the earliest, approximately within 6 months.
  • No permanent animosity. Mostly it will be a win-win-situation for both the parties.
  • In-camera enquiry.
  • The parties themselves can conduct the case or engage lawyers.
  • Transparent and simplified procedures.
  • Hearing can be had in any place at any time at the convenience of the parties and arbitrators.
  • More time at the disposal of the businessmen to concentrate on their business and its growth instead of a protracted litigation
  • Proceedings can be either in English / Tamil or bilingual.
  • International Commercial disputes can also be decided.
  • If parties agree, mediation can be tried before going to arbitration.
  • The Award passed by the Arbitration Tribunal can be executed in a court of law as other decrees of regular court.
  • Against the Award, appeal is preferable only to the District Court/High court.
  • Experience shows that litigation often ends in settlement in the Arbitration Tribunal.
  • If Arbitration Agreement is not entered into prior to the dispute, such agreement may be entered even after the dispute arose and then ChaAT can be approached.

Note : Litigants need not be members of TN Chamber or any other trade organization.

ARBITRATION AGREEMENT

Any trade agreement /contract, entered into between the parties, be it – sales contract, export contract, partnership deed, partition deed, property sales agreement , promissory notes etc. etc., should have the following Arbitration Agreement Clause included in it as detailed below:

(or)

A separate arbitration agreement may be entered into between the parties, only with the following Arbitration Agreement Clause with details of the contract:

“Any and all controversy(ies)/dispute(s)/difference(s)/claim(s) arsing out of or in connection with or in relation to this contract/partnership deed/ partition deed/property sales agreement/pronote (mention the relevant matter) entered into between us shall be referred to and resolved by arbitration by one or three (specify the number) Arbitrator(s) nominated by the Chamber Arbitration Tribunal (ChaAT), Madurai, established by Tamilnadu Chamber of Commerce & Industry, Madurai and administered by Tamilnadu Chamber Foundation, Madurai and Chamber Arbitration Tribunal (ChaAT) Rules, 2007 shall prevail. Both the parties agree that the Arbitral Award so rendered by ChaAT shall be binding on them. The proceedings shall be in English or Tamil or bilingual (English and Tamil) – (specify the language) and the venue shall be Madurai (specify the city)”.

Both parties should sign the contract/agreement/deed and each one can have an original copy of the same. In case of any dispute relating to the said contract/agreement/deed/pronote, any one party may approach the Chamber Arbitration Tribunal-ChaAT, to get necessary legal remedy.

TN CHAMBER

Tamilnadu Chamber of Commerce and Industry (TN Chamber) was established in the year 1924 at Madurai with the primary objective of serving the cause of Trade and Industry. TN Chamber is one of the largest Chambers in India, well renowned and proactive, making effective and result oriented representations for the growth of trade & industry and for the cause of public welfare. TN Chamber is responsible for the introduction of several tax reforms at the national and state levels. TN Chamber is instrumental in getting several key infrastructure in Tamilnadu, particularly Southern Tamilnadu for its industrial and economic development.
TN Chamber is the first Chamber to establish an Arbitration Tribunal with Mediation Centre, in Tamilnadu, excluding Chennai. The Chamber Arbitration Tribunal (ChaAT) will provide solutions for commercial disputes.