Arbitration Rules of the
Society for Affordable Redressal of Disputes (SAROD)
(SAROD ARBITRATION RULES)ARBITRATION RULES OF SAROD
INDEX
Rule
1. Scope of Application
2, Detniions
4. Notice, Calculation of Periods of Time
4 Commencement of Asbiation
5 Response by Respondent
6 Fling of Case Statements
7. Contents of Case Statements
5 Default in Fling and Serving Case Statements
9, urher Weiten Stamens
To, SAROD to Provide Assistance
1 Appointment of Tribunal
12. Mul-party Appointment of the Tribunal
15, Appuintment of Substute Arbor
1H. Independence and lmpartility ofthe Tribunal
18. Code of this for Arbitators
16 Challenge of Abitatrs
17, Deeison on Challenge
18. Removal ofthe Tribunal
19. Reshening in the Event of Replacement ofthe Toba
20 Judean ofthe Tebanal
21 Feesof SAROD and Avital Tribunal
‘Transmission of File of the Tribune!
1 Jurdiea Seat of Arbitration
24. Language of Abitaton
‘Conduct of he Proceeding
26, Communications betveen Parties andthe Tibusat
27, ary Representatives
2s. Hewings
2 Documents only Arbitration
40, Witnesses
31-Experts Appointed by the Tribal
32. Rules applicable to substance of ispute
33, Cloure of Hearings
34. Additonal Powers ofthe Tribunal
35, Deponts to Costs and Expenses
$6, Decision Making by the Tribunal
31 The Award
38. Additional Award
39. Coretion of Awards
40, Setlerent|
41 Ineest
costs
33, Waiver
14. Exclusion of Liability
$5, General Provisions
‘Amendment to Rules*
PREAMBLE
in oder 9 seckspeody,aforabl, just and resonable Redresal of Dispute Ditfireces betwen
[HAL and Concesionir'Contactor arising cut of and during the course of exesuton of various
Conitct,& Sosety fr Affondable Redresal of Disputes (SAROD) has been fori a a Society
Under Societies Registration Act, 1860 wih registuion NoS/RSISW/IO4V2013. It has been
fomed by. National Highways “Authority of India (NHAN) and National Highways Bulers
Federation (NHAF) wit founding members as mentioned in the Memorandum of Assocation of
SAROD.
SAROD ARBITRATION RULES.
Rule ~ Seope of Application
LLL Where any agreement, submission or reference provides fr arbitatin atthe Society for
Afordble Redessal of Disputes (*SAROD"), or under the Arbitration Rules ofthe SAROD
Sand where the case is a domestic arbitration shall be conducted in accordance with the
following Role, or such Rue as amended by the SAROD whete the amendnents ake effect
‘foe the commencement of the Arbitaion, Parties may adopt following clause for inclusion
inthe contact
“any dispute or difeence whatsoever arising between the ptes and of or relating to the
constuction, intespeation, apliestion, meaning, seope, operation o effet ofthis contact ofthe
Validity o the breach threo, shal be scl by abiation in aecordance with the rls of abiretion
ofthe “SAROD" and the award made in pursuance thereof shal e ical a! binding on the parties
Subject to Provisions f The Aitation and Coneation Act, 1996
1.2. These males sal come int effet fom the dy of approval by Governing Body of SAROD.
Rule 2— Definitions
21 Theve Rules sal be refered o 8 "the SAROD Asbiation Rules"
22 these Rules:
“Act” means the “Arbitration and Coniston Act 1996" of India and any statsory
modieations or re-enactments eat
‘SAROD™ means the Society for Affordable Redressal of Disputes.
‘SAROD Arbitrator Panel” means the lis of persons admit o serve as arbitrvors under
those Rules,
“NMA” means National Highways Authority of Tia.
‘NBF" means the National Highways Builders Federation
JOVERNING BODY” means Goveming Body of SAROD as
Memorandum of Association.
PRESIDENT" moons President of Governing Boly of SAROD as defined in Rules &
Regulation of SAROD.
“SECRETARY” moins Secretary of SAROD as defined in Roles & Regulation of SAROD.TRIBUNAL” scans ther a Sole Ahitrator or all atbitrators When more than one =
sppoites,
SPARTY" meas a pasty tan arbitration agreemest
. Brit satement ofthe nature and ctcumstances of any envisaged ounterlains
‘= Acomment in respons to any proposals contained inthe Notice of Arbitration; and
4, Thename ofthe respondent's nominated arbitrator.
A filing fe of Rs, 10.000 any amount decided by Governing Body Som ime oie is
payable at he ime of filing the Response.
Incase partes have objection ta the jurisdeton of Abita Teibunal, such objection sal be
‘ised not later than 13 days of the commencement of Arbitration proceedings failing which it
til be deemed that partis have waived ther ht to objection,
Rule 6 Filing of Case Statements
6
62
64
‘Within 30 days ater the ling ofthe Notice of Arbitration, the claimant must ile with the
Secretary and serve on the Respondent, a Statement of Claimant's Case alongwit all
‘documents tobe rlied upon by the Cima
‘Within 30 days fer the service ofthe satement of Claimants Case, the Respondent mis le
withthe Secretary and sere on the Claimast, a surement of respondents defence and
“Santerlaim (fan) slongoith ll dcament o be relied upon by the Respondent.
“Within 30 days afer the service ofthe statement of Respondent's defence, if the Claimant
‘mens io challenge anything in he statment of Respondent’ defence andlor couietcaim,
the Claimant must then leith the Secretiy and serve onthe Respondent, a statemest of
‘aman’ reply and if necessary, defence to counterli,
No further ease statements may be filed without the leave ofthe Tribunal or ifaTebuna has
ot been appointed, the Secretary
The Teibunat of if «Tribunal has not been appointed, the Secretary, may upon the ten
pplication of party, extend the ime limits povided under tis Rule,
Thy party required to fle a case statement mut at the sume time deposit withthe Secretary
for eventual tanasson tothe Tribunal an additional copy or additonal copies of the ease
Siatement aconling 10 the amber of arbitrator constating of who will constitu the
‘TenaRule
The case statements must contain the detailed particulars of the party's ‘claim, defence or
Tae cat sate scan tcompeensne Sateen fe foes acorns of
Sie seporng te pry postion
Comtents of Case Statements
72 emus
‘a Setout all items of relief or other remedies sought together wih the amount of ah
Suanifable claims and detailed ealeulatons.
‘b. _Sute ily its reasons for denying any allegation oF statement ofthe other Paty