Law4u - Made in India

Can parties choose their own procedural rules for arbitration in India?

28-Jun-2024
Arbitration

Answer By law4u team

Yes, parties in India generally have the autonomy to choose their own procedural rules for arbitration, subject to certain limitations and requirements. The principle of party autonomy allows parties to tailor arbitration proceedings to suit their specific needs and preferences, including the selection of procedural rules governing the arbitration process. Here's how parties can exercise their autonomy in choosing procedural rules for arbitration in India: 1. Arbitration Agreement: Express Agreement: The parties' freedom to choose procedural rules for arbitration is typically exercised through the arbitration agreement. In the arbitration agreement, parties can specify the procedural rules, arbitration institution (if any), and other relevant details governing the arbitration process. Incorporation by Reference: Parties may choose to incorporate by reference the procedural rules of a specific arbitration institution (e.g., ICC, SIAC, LCIA) or international arbitration rules (e.g., UNCITRAL Arbitration Rules) into their arbitration agreement. 2. Ad Hoc or Institutional Arbitration: Ad Hoc Arbitration: In ad hoc arbitration, parties have greater flexibility in choosing procedural rules, as they are not bound by the rules of any specific arbitration institution. They can tailor the arbitration process according to their preferences, subject to mandatory provisions of law. Institutional Arbitration: In institutional arbitration, parties may opt for the procedural rules of a recognized arbitration institution, which typically provide a comprehensive framework for conducting arbitration proceedings. 3. Mandatory Requirements: Mandatory Provisions: While parties have significant freedom to choose procedural rules, they must ensure compliance with mandatory provisions of law, including those prescribed under the Arbitration and Conciliation Act, 1996, which governs arbitration proceedings in India. Public Policy and Fundamental Principles: Parties cannot choose procedural rules that contravene public policy or fundamental principles of law. Arbitral tribunals must ensure that the arbitration process is fair, impartial, and in accordance with principles of natural justice. 4. Court Intervention: Limited Court Intervention: Indian courts generally respect party autonomy in arbitration and limit their intervention in the arbitration process. However, courts may intervene to ensure that the arbitration agreement is valid, enforceable, and not contrary to public policy. Interpretation of Arbitration Agreement: In case of disputes regarding the interpretation or application of procedural rules chosen by the parties, courts may intervene to resolve such disputes, if necessary. Conclusion: In India, parties to arbitration agreements have significant autonomy to choose their own procedural rules for arbitration, whether through ad hoc or institutional arbitration. They can specify procedural rules in the arbitration agreement, subject to mandatory requirements of law and public policy considerations. Party autonomy in choosing procedural rules enhances flexibility, efficiency, and effectiveness in arbitration proceedings, allowing parties to tailor the process to suit their specific needs and preferences.

Arbitration Verified Advocates

Get expert legal advice instantly.

Advocate Prashant Sharma

Advocate Prashant Sharma

Arbitration, Banking & Finance, Cheque Bounce, Civil, Consumer Court, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Motor Accident, Property, R.T.I, Recovery, Supreme Court, Trademark & Copyright, Wills Trusts

Get Advice
Advocate Sushil Kumar Tiwari

Advocate Sushil Kumar Tiwari

Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Cyber Crime, Criminal, Court Marriage, NCLT, Recovery, Medical Negligence, Landlord & Tenant, Labour & Service, Supreme Court, Succession Certificate

Get Advice
Advocate Pratibha Shukla

Advocate Pratibha Shukla

Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Motor Accident, Arbitration, Landlord & Tenant, Recovery, Wills Trusts, Medical Negligence

Get Advice
Advocate Gopala Krishna

Advocate Gopala Krishna

Anticipatory Bail,Arbitration,Armed Forces Tribunal,Bankruptcy & Insolvency,Breach of Contract,Cheque Bounce,Consumer Court,Customs & Central Excise,Cyber Crime,Divorce,GST,Domestic Violence,High Court,Labour & Service,Medical Negligence,NCLT,Supreme Court,Tax,Corporate,Criminal,

Get Advice
Advocate Dalpat Raj Parmar

Advocate Dalpat Raj Parmar

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, Immigration, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, Property, Recovery, Succession Certificate, Wills Trusts, Revenue, High Court

Get Advice
Advocate Mohammad Zaki Alam

Advocate Mohammad Zaki Alam

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Mayuri Srivastava

Advocate Mayuri Srivastava

Anticipatory Bail,Arbitration,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Court Marriage,Customs & Central Excise,Criminal,Cyber Crime,Divorce,Documentation,GST,Family,High Court,Labour & Service,Media and Entertainment,Motor Accident,Muslim Law,Patent,R.T.I,Succession Certificate,Wills Trusts,

Get Advice
Advocate Sankar Ghosh

Advocate Sankar Ghosh

Anticipatory Bail, Arbitration, Breach of Contract, Child Custody, Civil, Consumer Court, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Landlord & Tenant, Medical Negligence, Motor Accident, NCLT, Property, R.T.I, RERA, Succession Certificate, Tax, Trademark & Copyright, Wills Trusts, Corporate

Get Advice
Advocate Kartik Sharma

Advocate Kartik Sharma

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, GST, Domestic Violence, Family, High Court, International Law, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, Property, R.T.I, Recovery, Succession Certificate, Supreme Court, Tax, Wills Trusts

Get Advice
Advocate Soumen Paul

Advocate Soumen Paul

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Landlord & Tenant, Media and Entertainment, NCLT, Property, Recovery, Succession Certificate, Supreme Court, Wills Trusts, Revenue

Get Advice

Arbitration Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.