Arbitration

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Arbitration

Arbitration is an effective method of resolving disputes outside court.

Arbitration is an adversarial process wherein one party makes a claim against another party. The adjudicator is an independent and  neutral arbitrator. The Arbitrator  gives equal opportunities to the parties to plead and render evidence.

Why should you opt for Arbitration at BIMACC over Litigation?

  • Unlike judicial proceedings, arbitration is private and confidential
  • The award passed by an arbitrator is final and binding
  • The award can be challenged in appeal only if there is any misconduct in the proceedings
  • BIMACC appoints the arbitrator from its panel of experts.
  • BIMACC offers both domestic and International arbitration.

Bimacc offers both Domestic and International Arbitration

Domestic arbitration is covered under Arbitration and Conciliation Act, 1996.

In anticipation of any International arbitration, Arbitration and Conciliation Act, 1996 would not apply for the reason that while drafting the contract, the parties may draft the contract in the following manner,

“The Parties hereby may agree that all disputes shall be referred for arbitration under the Bangalore International Mediation, Arbitration and Conciliation Centre Rules, the place of arbitration shall be at ……”

Kindly refer to our model clauses. 

Parties may choose the venue for arbitration to be at Bangalore or any other city as they deem fit.

Any award passed by BIMACC shall be deemed to be a foreign award. BIMACC has a panel of International arbitrators who have expertise in various commercial, engineering, Intellectual property and corporate disputes. The Centre will assist parties to choose arbitrators for both domestic and International arbitration and BIMACC Arbitration rules will apply.

“In the event of breach of the terms of this Agreement or in the event of any differences or disputes arising between the parties in regard to this Agreement or any matter relating thereto, the same shall be referred for Private Mediation under the Bangalore International Mediation, Arbitration & Conciliation Centre, (BIMACC) Rules by appointing a BIMACC Approved Mediator and effort shall be made to ensure the disputes are resolved within 60 days from the date of first hearing by the Mediator, unless mutually agreed to be extended by all the parties, for such extended term.”

You can find other model clauses here

Request an Arbitration by downloading and filling up the form to the right.

Please use the draft formats A, B and C to structure your claim statement and other pleadings.

Kindly ensure that as per Rule 4.04 the BIMACC Arbitration Rules, the relevant authorisation form is lodged before the registry as per Form B

Form A – Format of Draft Claim Form

Form B – Format of Authorisation Form

Form C – Format of Response to Claim Form

Request an Arbitration PDF

Application Empanelment

Form A Download

Application Empanelment

Form B Download

Application Empanelment

Form C Download

Application Empanelment

Kindly fill up the application for empanelment as an Arbitrator and send it to BIMACC.

Upon receiving the same,  Board of Governance of BIMACC and/or the Arbitration Committee will review your application.

Your empanelment is subject to you agreeing to follow the BIMACC rules of Arbitration, for all disputes referred by BIMACC to you as an Arbitrator.

Download PDF

Application Empanelment