[As amended by Notification No. D1-20628/2003 dt. 28/06/2017 in K. G. Ext. No. 30 dt. 25/07/2017] In exercise of the powers conferred by S.82 of the Arbitration and Conciliation Act, 1996, the High Court of Kerala hereby makes the following rules:--

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S.1 Title

These Rules may be called the "Kerala Arbitration and Conciliation (Court) Rules, 1997".

S.2 Definitions

In these rules, unless the context otherwise requires:--

(a)  'Act' means the Arbitration and Conciliation Act, 1996 (Central Act 26 of 1996);

(b)  'Scheme' means the 'Appointment of Arbitrators by the Chief Justice of Kerala High Court Scheme, 1996';

¹[x x x x]

(d)  All other words and expressions used in these Rules shall have the same meaning as are assigned to them in the Act.

S.3 Presentation of applications to Courts

(a) Every application under the Act, except an application under S.11, shall be made by a petition duly verified in the manner prescribed for verification of pleadings by Rule 15 of Order VI of the Code of Civil Procedure, 1908 and shall be presented to the Court as provided in R.29 of the Kerala Civil Rules of Practice, 1971.

(b) An application under S.34 of the Act shall precisely state the grounds on which the arbitral award is sought to be set aside.

(c) Separate application shall be filed for condonation of delay, as per provisions in S.34(3) of the Act.

(d) Separate application shall be filed to call for the arbitral records for purpose of an application under S.34 of the Act.

(e) Separate application shall also be filed for reliefs under Sections 47 and 49 of the Act.

²[(f) Separate application shall be filed for interim relief including interim measures under Section 9 of the Act]

S.4 Title of Proceedings

(a) Every application, excepting an application under S.11 of the Act, shall be made in the matter of the Act and in the matter of the Arbitration and shall be registered as Original Petition (Arbitration).

³[(aa) All applications of procedural or interim nature including applications under Section 9 of the Act filed in pending main proceedings shall be registered as Civil Miscellaneous Applications (Arbitration).

(ab) Every application seeking enforcement of the award under Section 36, 49 and 58 of the Act shall be registered as Execution Petition (Arbitration), for short 'E. P. (Arbitration)']

(b) Every application under S.11 of the Act for appointment of Arbitrator shall be made in the matter of Arbitration Act and in the matter of arbitration and shall be registered as Arbitration Request and shall be presented to the Registrar of High Court of Kerala as provided in the Scheme and orders issued thereunder.

(c) Every application under S.41 o

S.5 Contents of applications

Every application shall be divided into paragraphs numbered consecutively and shall contain a statement of the relevant facts and the nature of the relief sought and shall clearly specify as respondents the persons likely to be affected by the grant of the relief sought. The full address of the applicant as well as the respondents shall be given in the application.

S.6 4[Application for interim measures, etc. by Court

(1) When an application is made for an interim measure, under Section 9 of the Act, the Court shall in all cases, except where it appears that the object of granting the interim measure would be defeated by the delay, before passing the interim order, direct notice of the application to be given to the opposite party.

 Provided that, where it is proposed to make an order by way of interim measure without giving notice of the application to the opposite party, the Court shall record the reasons for its opinion and require applicant--

 (a) to deliver to the opposite party, or to send to him by registered post, immediately after the order granting the interim measure has been made, a copy of the application for interim order together with

  (i) a copy of affidavit filed in support of the application

  (ii) copies of documents on which the applicant relies

 (b) to file, on the day on which such int

S.7 Issue of notice

Where an application is made under the Act, the Court shall order notice thereof to be given to all the respondents and to such other person as may appear to the Court to be likely to be affected by the proceedings, to show cause, within the time specified in the notice, why the relief sought in the application should not be granted.

S.8 Production of copies of petition for service on Respondents

(a) Where notice is ordered by the Court, the applicant shall within a week from the date of such order or within such further time as may be granted by the Court, file in Court a process memo along with sufficient number of envelops duly addressed affixing the necessary postal stamps for issue of process together with sufficient number of copies of the application for service on the persons concerned along with the notice.

(b) The copies referred to in sub-rule (a) shall be certified as true copies by the party presenting the same on his Advocate and shall show the date of presentation of the Original and the name of the Advocates, if any, who presented the same.

(c) The party on whose behalf notice is issued, shall, along with the process memo file printed forms of processes in duplicate, legibly filled up leaving blank the date for appearance and the date of the process, when printed forms are not available, forms neatly typed or legibly written, may be used.

S.9 Court fee and Process fee

The Court fees and process fees chargeable for the petitions shall be in accordance with the Kerala Court Fees and Suits Valuation Act and the rules for the levy of process fees in force for the time being.

S.10 Enforcement of awards

The party seeking enforcement of the award under Sections 36, 49 and 58 of the Act shall file execution petition as provided in the Code of Civil Procedure which shall be accompanied by a copy of the award delivered to him by the Arbitrator.

S.11 Forms

The forms appended to these rules shall be used with such variation as circumstances may require.

S.12

In matters not provided for in these Rules, the provisions of the Code of Civil Procedure, 1908, the Kerala Civil Rules of Practice, 1971 and the circular orders issued by the High Court of Kerala from time to time shall mutatis mutandis apply to all proceedings under the Act including appeals
  

S.13

FORM No. 1 Title of Applications [See Rule 4(a)]
In the Court of .........................................................................................................          IN THE MATTER OF THE ARBITRATION AND CONCILIATION ACT, 1996
A B	........	Petitioner
C D	........	Read more document