IMC INTERNATIONAL ADR CENTRE (IIAC)

“IMC International ADR Centre” (IIAC) is a dedicated ADR institution with the
objective of promoting and administering Arbitration, Mediation, as well as,
Conciliation in India, in a time bound and cost-effective manner. IIAC is an
independent company registered under Section 8 of the Companies Act, 2013 on
17th January, 2015 with the objectives of promoting Alternate Dispute Resolution
mechanism and conduct, administer, manage and monitor arbitration, conciliation and
mediation proceedings. Its operations were launched on 8th July 2016 and with
release of various Rules, Codes, etc. and website: www.iiac.net.in

IIAC is housed in IMC Suresh Kotak International ADR Centre, which was inaugurated
on 17th June 2014 by the then Chief Justice of the Hon’ble Bombay High Court and
offers state of the art infrastructure, technology and amenities, such as video
conferencing by parties, soundproof rooms, recording of witness evidence, internet,
catering, storage of documents etc. IMC International ADR Centre has been operational
since its inauguration.

Apart from the Board of Directors and various committees, IIAC is guided by its Apex
Advisory Committee comprising persons of legal eminence, being Hon’ble Justice Smt.
Sujata Manohar, former Judge Supreme Court of India (as Chairperson of the
Committee), Hon’ble Justice Shri B. N. Sri Krishna, former Judge Supreme Court of
India, Hon’ble Justice Shri C. K. Thakkar, former Judge Supreme Court of India, Mr. Cyril
Shroff, Partner Cyril Amarchand Mangaldas and other eminent lawyers/counsel in
varying capacities.

Keeping in view developments in various jurisdictions, as also, the needs of the Indian
environment and litigants to resolve their disputes expeditiously and economically,
separate rules for the conduct of Mediation and Arbitration proceedings, including a
Code of Conduct for Arbitrators have been framed. These include:

1. Commercial Arbitration Procedure 2016 Rules (CAP 16 Rules),

2. Summary Claims Arbitration Procedure 2016 Rules (SCAP 16 Rules),
3. Mediation and Conciliation 2016 Rules (MedCon 16 Rules),
4. Code of Ethics and Conduct & Disclosure Rules for Arbitrators 2016 (Code 16),
and
5. General Rules of Procedure and Guidelines for Arbitrators and Parties for
Conduct of Arbitration Proceedings 2016 (General Rules 16).

CAP 16 Rules: The “Commercial Arbitrations Procedure 2016 Rules (CAP 16

Rules)”, of the IMC International ADR Centre (IIAC) is a procedure devised to
provide alternate means to resolve commercial disputes arising in course of
trade and business where parties have an arbitration agreement to refer
disputes and differences between them to arbitration to be conducted in
accordance with the Commercial Arbitrations Procedure 2016 Rules of the IMC
International ADR Centre (IIAC), (CAP 16 Rules).
Under these Rules, disputes shall be heard and determined by

a) An arbitral Tribunal consisting of sole Arbitrator unless otherwise agreed to

by parties to be heard and determined by an uneven number of
Arbitrators.

b) Where parties have agreed to a larger Arbitral Tribunal, each party/ group
shall be entitled to appoint one Arbitrator and IIAC shall appoint the third
Arbitrator who shall serve as the Presiding Arbitrator of the Arbitral
Tribunal.

SCAP 16 Rules: The Summary Claims Arbitration Procedure 2016 Rules (SCAP
16 Rules)” is designed to make it easier, faster and cost effective for processing
and determining disputes involving claims up to Rupees Two Crore (exclusive of
interest) of each of the disputant parties and arising out of written contracts.

This scheme allows businesses to claim and recover small money claims, which are
often written off as it is too costly and time consuming to go to court.

This procedure is primarily suited for small money claims but where parties
desire, it may be adopted for larger claims.

Parties have to elect to follow this procedure, by specifically agreeing to go to

arbitration under this procedure of IIAC.

The process is recommended to be adopted where disputes/claims arise from

written contracts, or involve interpretation of statutes applicable and do not
entail recording of considerable oral evidence of witnesses.

MedCon 16 Rules: The MedCon 16 Rules are framed in order to enable the
parties to resolve their differences and disputes by way of mediation or
conciliation.

These rules apply where parties have agreed in writing to seek resolution of a
dispute through mediation or conciliation by MedCon 16 Rules of IIAC prior to the
disputes arising or by a subsequent agreement referring disputes to IIAC for
mediation or conciliation under these Rules. Disputes may be referred to
mediation or conciliation by MedCon 16 Rules of IIAC by any party, court, tribunal
or other authority or by a constituted IIAC Arbitral Tribunal in a pending
arbitration proceeding.

Mediation and Conciliation proceedings are not adversarial and may not involve
advocates. They are aimed at settling the differences and disputes using services
of a trained conciliator thereby avoiding conflict and laying foundations for a
better future business relationship.
 A settlement agreement in a conciliation proceeding is enforceable in Law as an
award under S 74 of the Arbitration and Conciliation Act 1996.

The settlement agreement may either:

a) Put an end to the contractual relationship giving rise to the dispute with or
without suitable compensation without going through an adversarial
contentious process, or;

b) Result in a new modality of performing and completing intended

contractual obligations under the original contract which gave rise to
differences and disputes.

Code 16: IIAC’s Code of Ethics and Conduct & Disclosure Rules for Arbitrators
apply to all Arbitrators on the Arbitral Tribunal and they shall ensure that the
parties are treated with impartiality and equality and that each party who has a
right to be heard, is given a full and fair opportunity to represent its case.

General Rules 16: These Rules are designed to set out practical aspects of the
proceedings such as the manner of filings, nature of pleadings, admissibility of
documents etc.

This General Rules have various guidelines inter alia setting out provisions for
filing and inspection of documents, manner of writing awards, notices and
communication etc. The General Rules also provides for guidelines for Code of
Conduct of the parties in the representative.

These Rules are supplementary to other applicable rules, conduct and

procedures published by IIAC and apply to the extent the other rules are silent
or do not provide to the contrary.

All these rules are also available on the IIAC’s website www.iiac.net.in

IIAC has a schedule of Fees for the Arbitrators, Mediators and Conciliators. Expertise,
experience and domain knowledge, as also, a good knowledge and understanding of
commercial aspects in India are viewed as a criterion for appointment to the IIAC
panel. Based on this, IIAC has its panel of Arbitrators, Mediators/Conciliators and
Experts, comprising persons who excel in their domains of professional practice, calling or
trade.

Interested parties can avail of the services offered by IIAC simply by opting for the relevant
clause either in their ongoing disputes pending before the Courts / Tribunals or by
incorporating the IIAC's clause in their agreement.

We will be happy to assist you in case of any query or if you want any other details of IIAC.