Kerala High Court (Arbitration Centre) Rules, 2025
(1) The Centre shall supervise and administer the arbitrations conducted in the Centre. It shall popularise arbitration as one of the effective alternative dispute resolution methods among the public and resolve their disputes through arbitration at the Centre.
(2) Objectives of the Centre shall be as follows:--
(a) to promote research and study; provide teaching and training, organise conferences and seminars in arbitration, alternative dispute resolution matters, and such other incidental matters, etc;
(b) to provide administrative assistance for arbitral proceedings and to facilitate the conduct of arbitration;
(c) to maintain panels of Arbitrators;
(d) to provide for cost-effective and time-bound resolution of disputes; and
(e) to cooperate with other institutions and organisations to promote arbitration.
The Chief Justice shall be the Patron of the Centre.
A senior Judge of the High Court nominated by the Chief Justice, shall be the Executive Chairperson.
(1) The Board of Governors shall consist of five Judges of the High Court of whom, one shall be the President.
(2) The Board of Governors shall meet as and when required.
The Board of Governors shall have the powers:--
(a) to formulate rules and guidelines for the management of the Centre;
(b) to monitor and oversee the administration of the Centre, and to achieve its objectives;
(c) to recommend amendments to the Rules;
(d) to formulate guidelines for empanelment of arbitrators ;
(e) to maintain, include, and remove an Arbitrator from the panel of arbitrators;
(f) to monitor the performance of arbitrators in the panel;
(g) to fix and revise arbitration fees, administration fees, and any other fees or expenses related to the arbitral proceedings; and
(h) to carry out any of the objectives incidental to the Rules.
(1) The Executive Chairperson and the Board of Governors shall constitute the Council of the Centre.
(2) The Council shall have the discretionary power to include special invitees in the Council.
(3) The Council shall meet as and when required by the Board of Governors and the meeting shall be convened by the President.
The Council shall have the powers:--
(a) to take decisions on policy matters about the functioning of the Centre including mobilisation of funds, development of infrastructure and its maintenance, etc; and
(b) to make decisions touching the affairs of the Centre.
(a) Director:-- There shall be a Director for the Centre, who shall be a serving District Judge to be appointed on deputation by the Chief Justice.
(b) Deputy Directors:-- There shall be such number of Deputy Directors who are serving Civil Judges (Senior Division) experienced in dealing with commercial disputes as recommended by the Board of Governors and appointed by the Chief Justice on deputation to assist the Director in the day-to-day affairs of the Centre and to act as Arbitrators under Reserved Arbitration.
(c) Staff.-- There shall be such staff for the Centre as the Board of Governors require.
(1) The Director shall be the custodian of the Centre and its records. The official seal of the Centre shall be kept in the custody of the Director. Without prejudice to the generality of this provision, the Director shall:
(a) manage and administer the day-to-day affairs of the Centre;
(b) convene meetings of the Board of Governors as may be directed by the President or the senior-most judge among the members in the absence of the President;
(c) initiate action in respect of any request for arbitration and take all necessary steps in accordance with the Rules;
(d) notify the parties as regards the compliance of the Arbitration process within the time frame prescribed;
(e) maintain and update from time to time the profile of each Arbitrator in the panel of arbitrators;
(f) maintain the record of proceedings of each arbitration based on the proceedings of the Arbitral Tribunal;
(g) call upon the parties to deposit all the fees, costs,
(1) Arbitrators for the different panels shall be empanelled based on the decision of the Board of Governors.
(2) The Centre shall have the following panels:
PANEL-I:-- Former Judges of the Supreme Court and High Court.
PANEL-II:-- Designated Senior Advocates.
PANEL-III:-- Former District Judges.
PANEL-IV:-- Practicing advocates having a standing of not less than 10 years as on the date of notification inviting applications for empanelment by the Centre.
PANEL-V:-- Practicing advocates who have a standing of over 5 years but less than 10 years and who are, under the age of 40 years as on the date of notification inviting applications for empanelment by the Centre.
PANEL-VI:-- Any person who is an expert or has specialized knowledge in any industry relevant to the dispute.
(3) An Arbitrator in panel V shall be removed upon attaining the age of 40 or on completion of practice of 10 years, whichever occurs earlier. However, the B
(1) A candidate for the empanelment as Arbitrator shall:
(a) be of good character;
(b) be of sound health, free from any bodily infirmity that renders him unfit for appointment;
(c) have experience in handling commercial disputes for empanelment to Panel II to IV; and
(d) meet the eligibility criteria and other requirements specified in the Rules and notifications, as well as those prescribed by the Board of Governors or Council from time to time.
(2) No person shall be eligible for being empanelled, or continue in the panel as Arbitrator if;
(a) he has applied to be adjudicated as insolvent or has been adjudged insolvent;
(b) he is declared to be of unsound mind or has become incapacitated;
(c) criminal charges involving moral turpitude have been framed against the person by a criminal court and are pending;
(d) he has been convicted by a court for an offence involving moral turpitude;
(e) disciplinary proceeding
The Arbitrator shall:
(a) uphold the integrity and fairness of the arbitration process and abide by the Rules;
(b) disclose any circumstances covered by the Fifth and Seventh Schedule of the Act and under any other Convention or Agreement the parties may additionally agree upon.
(1) The Board of Governors may remove an Arbitrator from the panel if he fails to comply with directions or instructions, contravenes the Rules or norms, or does anything which adversely affects the arbitration process, or if he exhibits or displays any conduct which is unbecoming of an Arbitrator.
(2) The Board of Governors for any reason it considers appropriate may remove an arbitrator from the panel of arbitrators.
(1) Any written communication may be made by delivering or transmitting thereof by registered post acknowledgment due, or by speed post or by courier services, or by fax message, or by electronic mail service, or by e-post or by any other means of transmission as decided by the Centre or the Arbitral Tribunal, as the case may be. It shall be deemed to have been received if it is delivered to:
(a) the addressee's habitual residence, place of business, or address as specified in the agreement; or
(b) his agent empowered to accept the communication.
(2) In the case of electronic communication, it will be deemed to be delivered when transmitted, with reference to the recipient's time zone.
(3) To calculate any period under this Rule, such period shall begin to run on the day following the day a written communication or proposal is received or deemed to have been delivered. When the day next following such date is a non-business day in the place of receipt, th
(1) A request for Arbitration shall be filed along with any of the following documents:
(a) copy of the relevant arbitration agreement or arbitration clause;
(b) joint memorandum for arbitration either in Form No.1 or Form No. 2 as the case may be, if already executed by the parties;
(c) the arbitration agreement designating the Centre in, to oversee the arbitral proceedings;
(d) where reference is received from a Court, referral order of the Court.
(2) On submission of request the processing charges shall be paid as decided by the Centre.
(3) Upon receiving the request and accompanying documents under sub-rule (1)(a) or if the court which issued the referral order mentioned in sub-rule (1)(d) has not designated the Centre to conduct arbitration, the Centre shall issue a notice to the respondent, requiring his response to the request within fifteen (15) days of receipt of the notice. The Director may grant an extension of up to fifteen (15)
Within 15 days of either submitting the dispute for arbitration by both parties or receiving notification about the designation of the Centre, the party initiating the arbitration request shall file the statement of claim and supporting documents if any.
(1) In the case of arbitration to be conducted by a Sole Arbitrator, the Centre shall provide the claimant with a list of five (5) arbitrators from the panel and require the claimant to select three (3) arbitrators from that list. The Centre shall then provide the respondent with the list of the three (3) arbitrators selected by the claimant and require the respondent to select one from that list. Subject to confirmation under the Rules, the Centre shall appoint the arbitrator so chosen as the sole arbitrator.
(2) In the case of arbitration to be conducted by three (3) Arbitrators, the Centre shall provide the claimant with a list of seven (7) arbitrators from the panel and require the claimant to select one (1) arbitrator from that list. The Centre shall then provide the respondent with the list of six (6) arbitrators and require the respondent to select one from that list. The Centre shall provide the two (2) arbitrators selected with the list of five (5) arbitrators and re
(1) The arbitrators in Panel I shall be appointed in cases in which the sum in dispute involved is not less than Rs.1,00,00,000 (Rupees One Crore only), irrespective of the amount involved in the counter claim, if any.
(2) The pecuniary limit of the disputes to be decided by the arbitrators in Panel V shall be upto Rs.5,00,000 (Rupees Five Lakhs Only), irrespective of the amount involved in the counter claim, if any.
(3) The arbitrator in Panel VI shall be appointed only in cases where the parties have chosen arbitration by a tribunal of three (3) arbitrators.
(4) Before confirming the appointment, the Arbitrator must submit a written disclosure in Form No. 3 as per Section 12 and the Sixth Schedule of the Act within five (5) days of the date of notification.
(5) Upon receiving the disclosure statement, the Centre shall confirm the appointment and notify the parties and the Arbitrator.
(1) In Reserved Arbitration, the dispute shall be resolved by a sole Arbitrator appointed by the Director from among the Deputy Directors.
(2) The parties in Reserved Arbitration need not pay the arbitrator's fee, but the parties shall pay the administration fee as mentioned in the Rules.
(1) On the date of appointment of the Arbitral Tribunal, the Centre shall send the claim statement and enclosures if any, furnished by the claimant, to the Arbitral Tribunal.
(2) The Arbitral Tribunal shall on receipt of the claim statement convene its meeting within fifteen (15) days.
(3) The Arbitral Tribunal shall conduct the proceedings as per the provisions of the Act, the Rules framed thereunder and the Rules of the Centre.
All costs ordered by the Arbitral Tribunal, for seeking adjournment of the proceedings, shall be made to the Centre.
(1) The seat of arbitration shall be at the place of the Centre.
(2) Unless the Arbitral Tribunal decides to hold hearings at such other places for any reason as it may deem necessary, all hearings shall take place at the Centre which includes any other place identified by the Centre.
(1) the Arbitral Tribunal on its constitution shall, with the agreement of the parties take all possible measures to resolve the dispute through mediation or conciliation as per the guidelines fixed by the Centre.
(2) If the parties settle their dispute through mediation or conciliation, the settlement agreement signed by the parties shall be forwarded to the Arbitral Tribunal, who shall upon receipt of the same proceed in accordance with Section 30 of the Act.
(3) If the parties are unable to settle the dispute, the person who conducted the mediation or conciliation under sub-rule (1) shall be disqualified from acting as an arbitrator in the dispute, unless the parties agree in writing.
(1) The Arbitral Tribunal shall pass the final award within 6 months from the date of the first meeting.
(2) The arbitral proceeding shall be terminated as per the provisions of the Act.
(1) The Arbitrator's fee and the administration fee shall be paid by the parties in equal shares.
(2) The Director shall require the parties, before referring the case to the Arbitral Tribunal, to deposit in advance 25% of the arbitrator's fee and the administration fee. The balance of 75% of the fees shall be deposited within fifteen (15) days of delivering the first defence. If one party fails to pay the fees the other party shall pay the same.
(3) The parties shall pay all the fees payable to the Centre before the settlement agreement is forwarded to Arbitral Tribunal under Rule 25(3).
(4) The Director may adjust the Arbitrator's fee and administration fee if a party is permitted to amend or supplement its claim, statement of defense, counter-claim, or pleadings or when an additional party is added to the proceedings.
(5) The arbitral tribunal shall proceed only in respect of those claims or counter-claims for which the payments have been duly paid to
(1) Irrespective of the total number of sittings of the arbitral tribunal, the full and final fee payable to each arbitrator and the administration fee payable to the Centre shall be as follows:
| Sum in dispute | Fee for Panel I arbitrator | Fee for Panel II arbitrator | Fee for Panel III arbitrator | Fee for Panel IV arbitrator | Fee for Panel V arbitrator | Administration fee |
| Upto Rs. Rs. 5,00,000 /- | -- | -- | -- | 30,000 /- | 20,000/ - | 5,000/ - |
| Above Rs. 5,00,000/- and upto Rs. 20,00,000/- | -- |
The Director shall take appropriate decisions, as it considers necessary in respect of all matters, which are not specifically provided in these Rules.
No suit, prosecution, or other legal proceedings shall lie against the Centre, the Director or Members or its employees and Arbitrators for anything which is done in good faith or intended to be done under these Rules, Act or Regulations made thereunder.
(1) The Arbitral Tribunal may conduct the proceeding through electronic video linkage as and when needed, provided that it is convenient for the parties.
(2) All applications, pleadings, and documents shall be electronically filed according to the procedure prescribed by the Centre.
(3) In case of electronically received documents, the same shall be received with a timestamp following such procedure as prescribed by the Centre.
(4) Any person who produces an original document or record, the same will be returned to the person once the purpose for which it was produced is served.
Form No.1 [See Rule 17(1)(b) &17(5)] JOINT MEMORANDUM OF THE PARTIES; This agreement is made on this day of..............................................month,.................................. (year),between...................................... (full address of the party with email id and contact number to be given) of ONE PART and (full address of the party with email id and S.2
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