Rule 1- Scope of Application
1.1
Where any agreement, submission or reference provides for
arbitration at the EARBITRATION.NET, or under the Arbitration Rules
of the EARBITRATION.NET, the parties shall be taken to have agreed
that the arbitration shall be conducted in accordance with the
following Rules, or such Rules as amended by the EARBITRATION.NET
where the amendments take effect before the commencement of the
arbitration.
Rule 2- Definitions:
Rule
2 - Definitions
2.1. These Rules shall be
referred to as “Earbitration.net Rules” divided below as ‘File
a Case’ and ‘Eregistry Rules’.
2.2. In these Rules:
“Act”
means the ‘Arbitration and Conciliation Act 1996 and IT Act of
2000’ of India and any statutory modifications or re-enactments
thereof under this statute.
“Earbitration.net,
Arbitrator Panel” means the list of persons admitted to serve as
arbitrators under these Rules.
“Earbitration.net”
means the process run and administered under Arbitration rules and
procedure as prescribed in India or as may be agreed inter-se
parties if outside India with specific request of Law in virtual
world settings and Information Technology driven process.
“Eregistry”
means and includes, office of Registrar and Assistant Registrar,
transmissions therein duly authorised for notices, appointment of
Arbitrator/mediator/conciliator/
“Coordinator”
means the Coordinator of the Rules Committee of the Earbitration.net
“Domestic
arbitration” is an arbitration which does not fall within the
definition of international arbitration as defined in this Rule.
“International arbitration” is arbitration where the rules governing
the arbitration process will be those not specifically governed
under the Arbitration Laws and rules as practiced and applicable in
India. The parties must agree to one set of international
rules/laws.
“Registrar”
means the Registrar of Earbitration.net and includes an Assistant
Registrar.
“Arbitrator”
means the person and shall also includes, ‘Mediator,
Conciliator’ who has been chosen from the list of persons by the
parties given the process adopted under ‘File a Case’.
“Tribunal”
means either a sole arbitrator or all arbitrators when more than one
is appointed.
“FEES”
means the subscription fees for services and those offered under
eregistry or such service as offered by earbitration.net on its
site.
“COSTS”
means and includes, as passed in an award under heads of counsel
fees, process fees(on earbitration.net), damages (in nature of
case), fees for experts, any delay, costs of enforcement.
“FILE
A CASE” means process of arbitration/mediation/conciliation
between parties or companies who has agreed/consented by opting, to
the process for dispute resolution on escalation of complaint and
includes any reference of claim and response under eregistry.
“enotice”
means notices for arbitration/mediation/conciliation under services of
eregistry through electronic transmission.
“costs
of the arbitration” shall include:
a. The fees and expenses of the Tribunal and the
administration fees of the EARBITRATION.NET as determined by the
Registrar in accordance with the Schedule of Fees;
b. The costs of tribunal appointed experts or of other
assistance rendered; and
c. All expenses which are reasonably incurred
by the EARBITRATION.NET in connection with the arbitration.
Rule
3
– Commencement of Arbitration-‘FILE A CASE’
3.1.
For the purposes of these rules, the services of File A
Case” are based on subscription to the companies/institutions/or
any other body so referring to on case to case basis fees.
3.1a.
For the purposes of these Rules, any notice, including a
notification, communication or proposal, is deemed to have been
received on the site or through notified email, fax or sms or such
electronic communication mode as approved by earbitration.net from
time to time. Notice shall be deemed to have been received on the
day it is so delivered. The parties using this facility will be
automatically deemed to have consented for the process of online
dispute resolution under the head of ‘FILE A CASE’
3.2.
For the purposes of calculating a period of time under these
Rules, such period shall begin to run on the day when the complaint
is filed under ‘FILE A CASE’ head.
3.3.
On filing of the complaint the ‘complainant’ will receive
the response from the ‘Responding company/institution/agency’
within stipulated and agreed time period (not more than seven days)
for the said company. Complainant will rejoin if desired so, within
stipulated period (not more than seven days) as agreed by Responding
company/institution/agency. If complainant fails to rejoin in seven
days the opportunity will lapse on completion of seventh day by
default.
3.4. The
arbitrator shall pass the award in one day of completion of
stipulated time period of 14 days. In case Arbitrator has questions
or clarifications to seek, this time limit will be maximum of 14
days. The time limit is extendable by seven more days in case of
warranty issues. The award will be passed by arbitrator. The award
will be final, binding and enforceable on parties by virtue of these
rules. The award can mention costs and damages as mentioned and
described in the rules herein.
Rule
4
- EREGISTRY RULES: Notice of Arbitration
4.1.Any party wishing to commence an arbitration, under EREGISTRY
Rules (“the Claimant”) shall file with the Registrar and serve
on the other party (“the Respondent”),
4.2. enotice of Arbitration/Mediation/Conciliation (“the
Notice of Arbitration/Mediation/Conciliation”) which shall include
the following:
a. request that
the dispute be referred to arbitration/mediation/conciliation;
b. the names, addresses, telephone numbers, fax numbers and
email addresses of the parties to the dispute;
c.
reference to the arbitration clause or any separate arbitration
agreement that is invoked and provide a copy of the arbitration
clause or arbitration agreement;
d. reference to the contract out of which the dispute arises
and provide a copy of the contract where possible;
e. brief statement describing the nature and circumstances
of the dispute;
f. the relief or remedy sought, including the amount of
claim if quantifiable at the time the Notice of
Arbitration/Mediation/Conciliation is filed;
g. proposal as to the number of arbitrators (i.e. one or
three), if the parties have not previously agreed on the number; and
h. the name of the Claimant’s nominated arbitrator.
i. this process will be restricted to exchange of claim and
response or rejoinder if any. Until parties agree to be facilitated
as under FILE A CASE process. Such fees will be chargeable @ 1% of
claimed amount. This will not include the Arbitrators fees if also
requested for from the panel of arbitrators.
4.2. A filing fee
(as provided under Fee structure on site) is payable at the time of
filing the Notice of Arbitration/Mediation/Conciliation.
4.3 The
date of filing of the Notice of Arbitration with the Registrar is
the date of commencement of the arbitration for the purpose of these
Rules.
Rule
5 -
Response by Respondent
5.1. Within a
maximum of Seven days of receipt of the Notice of
Arbitration/Mediation/Conciliation, the Respondent shall file with
the Registrar and serve on the Claimant, a Response including:
a. confirmation or denial of all or part of the
claims;
b. brief statement of the nature and circumstances of
any envisaged
counterclaims;
c. a comment in response to any proposals
contained in the Notice of Arbitration/Mediation/Conciliation; and
d. the name of the Respondent’s
nominated arbitrator.
5.2. A filing fee
as mentioned in the Fees structure is payable at the time of filing
the Response as explained in Rule 6.
Rule
6 - Filing of Case Statements
6.1. Within
Seven days after the filing of the Notice of Arbitration, the
Claimant must file with the Eregistry and serve on the Respondent, a
Statement of Claimant’s Case.
6.2. Within 14 days
after the Service of the Statement of Claimant’s Case, the
Respondent must file with the Eregistry and serve on the Claimant, a
Statement of Respondent’s Defence and Counterclaim (if any).
6.3. Within 14 days
after the Service of the Statement of Respondent’s Defence, if the
Claimant intends to challenge anything in the Statement of
Respondent’s Defence and/or Counterclaim, the Claimant must then
file with the Eregistry and serve on the Respondent, a Statement of
Claimant’s Reply and if necessary, Defence to Counterclaim.
6.4. No further
case statements may be filed without the leave of the ‘Presiding
officer’ or ‘Tribunal’ or if a Tribunal has not been
appointed, the ‘Registrar’ to Eregistry.
6.5. The Tribunal
or if a Tribunal has not been appointed, the Registrar to Eregistry,
may upon the written application of a party, extend the time limits
provided under this Rule (not exceeding seven days as stipulated
under rules).
6.6
The party required to file a case statement with the
Registrar/eregistry for eventual transmission to the
‘Tribunal’/’Presiding officer’ of the case statement,
according to the number of arbitrators constituting or who will
constitute the Tribunal will be charged in addition per transmission
basis.
Rule 7 -
Contents of Case Statements-
7.1. The
case statements must contain the fullest possible particulars of the
party’s claim, defence or counterclaim and must thus contain a
comprehensive statement of the facts and contentions of law
supporting the party’s position.
7.2. It
must:
a. set
out all items of relief or other remedies sought together with the
amount of all quantifiable claims and detailed calculations.
b. state
fully its reasons for denying any allegation or statement of the
other party.
c. state
fully its own version of events if a party intends to put forward a
version of events different from that given by the other party.
7.3. A
case statement must be signed by or on behalf of the party making
it. Otherwise digital signatures can be used to authenticate an file
the same.
Rule
8 - Default in Filing and
Serving Case Statements
8.1.
If the Claimant fails within the time specified under these Rules or
as may be fixed by the Tribunal or by the Registrar, to submit its
Statement of Case, the Tribunal or if a Tribunal has not been
appointed, the Registrar-Eregistry, may
issue an order for the termination of the arbitral proceedings or
make such other directions as may be appropriate in the
circumstances.
8.2. If
the Respondent fails to submit a Statement of Respondent’s Defence,
the Tribunal may nevertheless proceed with the arbitration and make
the award.
Rule
9 -
Further Written Statements
9.1. The Tribunal
will decide which further written statements, in addition to the
case statement(s) already filed, are required from the parties and
shall fix the periods of time for giving, filing and serving such
statements.
9.2. All such further
statements must be given to the Tribunal, filed with the Registrar/Eregistry
and served on the Claimant or Respondent, whichever is applicable.
Rule 10 –
Earbitration.net to Provide Assistance
10.1. At the request of the
Tribunal or either party, the Registrar will render such assistance
as is required for the conduct of the
arbitration/mediation/conciliation, as to be provided online,
secretarial/technical assistance or interpretation (with specified
fees schedule).
Rule
11
- Appointment of Tribunal
11.1. The disputes shall be decided
by a sole arbitrator or by three arbitrators or such numbers as
agreed by the rules applicable or mentioned in the arbitration
clause.
11.2.
Unless the parties have agreed otherwise or unless it appears
to the Registrar that the dispute warrants the appointment of three
arbitrators, a sole arbitrator shall be appointed.
11.3. If a sole Arbitrator or
a Tribunal is appointed, then the parties will inform the arbitrator
through Eregistry of their consent.
11.4. If three arbitrators are
to be appointed, the name of the candidate proposed by each party in
the Notice of Arbitration and the Response shall constitute the
parties’ nomination. If a party fails to make a nomination, the
Registrar/eregistry may proceed to appoint the arbitrator on its
behalf. The third arbitrator, who would be the presiding arbitrator,
shall be appointed by the Registrar.
11.5. The parties can also select
from the list of arbitrators available from earbitration.net.
Multi-party Appointment of the Tribunal
11.6. If there are more than 2
parties in the arbitration, the parties shall agree on the procedure
for appointing the Tribunal within 14 days of the receipt of the
Notice of Arbitration/mediation/conciliation.
11.7. If the parties are unable
to do so, upon the lapse of the 14 day time period mentioned herein,
the parties can seek presiding officers from the list of
earbitration.net panel.
Rule
12 - Appointment of Substitute Arbitrator
In
the event of the death or resignation of any of the arbitrators, a
substitute arbitrator will be appointed by the by the parties from
the list of approved panel for both ‘File a Case’ and ‘Eregistry’.
Registrar or Coordinator will inform as note on the case display
window.
Rule 13 -
Independence and Impartiality of the Arbitrator
13.1. The presiding officer
conducting dispute resolution under these Rules shall be and remain
at all times independent and impartial, and shall not act as
advocate for any party.
13.2. A prospective arbitrator
shall disclose to those who approach him in connection with his
possible appointment, any circumstances likely to give rise to
justifiable doubts as to his impartiality or independence.
13.3. An arbitrator, once nominated
or appointed, shall disclose any such circumstance referred to in
Rule 14.2 to the Registrar and/or to all parties.
Rule
17
- Removal of the Tribunal/Arbitrator/Mediator/Conciliator
17.1. The Registrar may,
on the application of a party, remove an arbitrator:
a. who
is physically or mentally incapable of conducting the proceedings or
where there are justifiable doubts as to his ability to do so; or
b. who has refused or failed to use all reasonable dispatch
in conducting the arbitration or making an award.
17.2. The arbitrator(s)
concerned is entitled to appear and be heard at the hearing of the
application to remove him.
17.3. Upon the removal of
the arbitrator, a substitute arbitrator shall be appointed in
accordance with Rule 11 read with Rule 13.
17.4. The Registrar’s
decision on the application is final and is not subject to appeal or
review.
Rule
18
- Re-hearing in the Event of the Replacement of the Tribunal
If
the sole or presiding Arbitrator is replaced, there shall be a
re-hearing. If any other arbitrator is replaced, such re-hearing may
take place at the discretion of the Tribunal.
Rule
19
- Jurisdiction of the Tribunal-EREGISTRY RULES
19.1 The
Tribunal shall have the power to rule on its own jurisdiction,
including any objection with respect to the existence, termination
or validity of the arbitration agreement. For that purpose, an
arbitration agreement which forms part of a contract shall be
treated as an agreement independent of the other terms of the
contract. A decision by the Tribunal that the contract is null and
void shall not entail ipso jure the invalidity of the arbitration
agreement.
19.2 The Tribunal must rule on an objection that it
lacks jurisdiction as a preliminary question upon the objection
being raised. It may rule on an objection that it exceeds the scope
of its authority either as a preliminary question or in an award on
the merits, as it deems just and convenient.
19.4 In addition to the
jurisdiction to exercise the powers defined elsewhere in these
Rules, the Tribunal shall have jurisdiction to determine any
question of law arising in the arbitration; proceed with the
arbitration notwithstanding the failure or refusal of any party to
comply with these Rules or with the Tribunal's orders or directions,
or to attend any meeting or hearing, but only after giving that
party written notice that it intends to do so; and to receive and
take into account such written or oral evidence as it shall
determine to be relevant, whether or not strictly admissible in law.
20.1. Where the
arbitration is a ‘domestic arbitration’ as defined in Rule 2,
the Tribunal shall decide the dispute in accordance with the
substantive law for the time being in force in India.
20.2. Where the
arbitration is an ‘international arbitration’ as defined in Rule
2, the Tribunal shall apply the law designated by the parties as
applicable to the substance of the dispute. Failing such designation
by the parties, the Tribunal shall apply the law determined by the
conflict of laws rules which it considers applicable.
20.3. The Tribunal shall decide
as amiable compositeur or ex aequo et bono only if the
parties have expressly authorised it to do so and if the law
applicable to the arbitral procedure permits such arbitration.
20.4. In all cases, the
Tribunal shall decide in accordance with the terms of the contract
and shall take into account the usages of the trade applicable to
the transaction.
Rule
21 - Transmission of File to the Tribunal-EREGISTRY RULES
21.1. The Registrar shall, as
soon as practicable transmit to the Tribunal, a file containing the
Notice of Arbitration, the Response and all case statements.
21.2. The Tribunal shall as soon as
practicable, after consultation with the parties, issue such orders
and/or directions as are necessary for the conduct of the
arbitration to conclusion, including a timetable for steps to be
taken in the arbitration and for the hearing of the arbitration.
Rule
22 -
Juridical Seat of Arbitration/EREGISTRY RULES
22.1 Unless
otherwise agreed by the parties, where the arbitration is
‘domestic arbitration’ as defined in Rule 2, the
juridical seat of arbitration shall be New Delhi, India.
22.2 Unless
otherwise agreed by the parties, where the arbitration is an
‘international arbitration’ as defined in Rule 2, the
juridical seat of arbitration shall be as mutually decided by
parties.
22.3 Notwithstanding
Rules 22.1 and 22.2, the Tribunal may, unless otherwise
agreed by the parties, hold hearings and meetings anywhere
convenient, subject to the provisions of Rule 28.2.
Rule
23 -
Language of Arbitration EREGISTRY RULES
23.1. Subject to any agreement
by the parties, the Tribunal shall, within 7 days after its
appointment, determine the language or languages to be used in the
proceedings. In the absence of agreement or determination, the
language shall be English.
23.2. This determination shall
apply to the entire arbitration proceedings, including but not
limited to, the Statement of Claimant’s Case, the Statement of
Respondent’s Defence, and any further written statements or other
communications.
23.3. The Tribunal, or if the
Tribunal has not been established, the Registrar, may order a party
to submit a translation if a document is drawn up in a language
other than the language(s) of the arbitration.
Rule
24 -
Interpreters
24.1.
If required, one or both of the parties may appoint an interpreter
with the leave of the Tribunal.
24.2. The
interpreter shall be independent of both parties and the party
appointing the Interpreter shall pay for the interpreter’s fees.
24.3.
If the interpreter is appointed by both parties, the fees will be
shared by both parties in such proportion as the Tribunal may
determine.
Rule
25
- Conduct of the Proceedings
The
Tribunal shall have the widest discretion allowed by the Act
to ensure the just, expeditious, economical and final
determination of the dispute.
Rule
26
- Communications between Parties and the Tribunal
26.1. Where the Tribunal sends
any written communication to one party, it shall send a copy to the
other party or parties as the case may be.
26.2. Where a party sends any written
communication (including Statements, expert reports or evidentiary
documents) to the Tribunal, the same shall be copied to the other
party or all other parties, whichever is applicable, and show to the
Tribunal that the same has been so copied.
26.3. The addresses of the parties
for the purpose of all communications during the proceedings shall
be those set out in the Notice of Arbitration, or as either party
may at any time notify the Tribunal and the other party or parties,
whichever is applicable.
26.4. All correspondence
between the parties and the Tribunal shall be copied to the
Registrar.
Rule
27
- Party Representatives
Any
party may be represented by legal
practitioners or any other representatives, subject to such
proof of authority as the Tribunal may require. The names and
addresses of such representatives must be notified to the other
party or parties.
Rule
28 - Hearings
28.1. Unless the parties have
agreed on documents-only arbitration, the Tribunal shall hold a
hearing for the presentation of evidence by witnesses, including
expert witnesses, or for oral submissions.
28.2. The Tribunal shall
fix the date, time and place of any meetings and hearings in the
arbitration, and shall give the Parties reasonable notice thereof.
28.3. Prior to the hearing, the
Tribunal may provide the Parties with a list of matters or questions
to which it wishes them to give special consideration.
28.4. In the event that a party
to the proceedings without sufficient cause, fails to appear at a
hearing of which the notice has been given, the Tribunal may proceed
with the arbitration and may make the Award after the party present
has submitted evidence to prove its case.
28.5. All meetings and
hearings shall be in private unless the parties agree otherwise.
Rule
29 - Documents-only Arbitration
29.1. The
dispute may be decided without an oral hearing if it is so agreed by
the parties.
29.2. Where
the parties agree to dispense with oral hearing, the Tribunal must
be promptly informed by either of the parties, as soon as is
practicable. The Tribunal must also be promptly informed if, at a
later stage, the parties or either of them intends to apply for an
oral hearing.
30.1. The Tribunal may require
each party to give notice of the names and designations of the
witnesses it intends to call.
30.2. No party shall call any
expert witness without the leave of the Tribunal.
30.3. Any witness who gives evidence may
be questioned by each party or its representative subject to any
rulings made by the Tribunal.
30.4. A witness may be
required by the Tribunal to testify under oath or affirmation.
30.5. Subject to such order or
direction which the Tribunal may make, the testimony of witnesses
may be presented in written form, either as signed statements or by
duly sworn or affirmed affidavits.
30.6. Any party may require a
witness to attend an oral examination at a hearing. If the witness
fails to attend, the Tribunal may place such weight on the written
testimony as it thinks fit, or may exclude it altogether.
30.7. The Tribunal shall determine
the admissibility, relevance, materiality and weight of the evidence
given by any witness.
Rule
31
- Experts Appointed by the Tribunal
31.1. Unless otherwise agreed
by the parties, the Tribunal may:
a. appoint one or more experts to report to the Tribunal on
specific issues;
b. require a party to give any such expert any relevant
information or to produce, or to provide access to, any relevant
documents, goods or property for inspection by the expert.
31.2. Unless otherwise
agreed by the parties, if a party so requests or if the Tribunal
deems it fit, the expert shall, after delivery of his written or
oral report, participate in an oral hearing, at which the parties
may question him and present expert witnesses in order to testify on
the points at issue.
31.3. Rule 31.2 shall not apply
to an assessor appointed by agreement of the parties, or to an
expert appointed by the Tribunal to advise solely in relation to
procedural matters.
Rule
32
- Closure of Hearings
32.1. The Tribunal may inquire
of the parties if they have any further proof to offer or witnesses
to be heard or submissions to make and, if there are none, declare
the hearings closed.
32.2. The Tribunal may also, in
view of exceptional circumstances, reopen the hearings at any time
before the award is made.
Rule
33
- Additional Powers of the Tribunal
33.1. In addition to the powers
conferred by the Act, the Tribunal shall also have the power to:
a. allow any party, upon such terms (as to costs and
otherwise) as it shall determine, to amend claims or counterclaims;
b. extend or abbreviate any time limits provided by these
Rules;
c. conduct such enquiries as may appear to the Tribunal to
be necessary or expedient;
d. order the parties to make any property or thing available
for inspection;
e. order any parties to produce to the Tribunal, and to the
other parties for inspection, and to supply copies of any documents
or classes of documents in their possession, custody or power which
the Tribunal determines to be relevant;
f. make orders or give directions to any party
for interrogatories;
g. make orders or give
directions to any party for an interim injunction or any other
interim measure;
h. make such orders or give such directions as it deems fit
in so far as they are not
inconsistent with the Act or any statutory re-enactment thereof or
such law which is applicable or these Rules.
33.2. If the parties so agree,
the Tribunal shall also have the power to add other parties (with
their consent) to be joined in the arbitration and make a single
Final Award determining all disputes between them.
Rule
34 - Deposits to Costs and Expenses
34.1. The Tribunal’s fees and
administration fees shall be ascertained in accordance with the
Schedule of Fees in force at the time of commencement of the
arbitration.
34.2. The Claimant shall
deposit with the one-half of the fees payable at the time of filing
of the Statement of Case. The Respondent shall deposit with the
Earbitration.net one-half of the fees payable at the time of filing
the Statement of Respondent’s Defence and Counterclaim (if any).
The balance of fees payable shall be paid one month or thirty days
before the date of the final hearing or on such other date that the
Registrar may direct.
34.3. Where the amount of the
claim or the counterclaim is not quantifiable at the time payment is
due, the Registrar will make a provisional estimate. The fees will
be adjusted in the light of such information as may subsequently
become available. If the arbitration is settled or disposed of
without a hearing, the amount of the Tribunals’ fees and
Earbitration.net, administration fees shall be finally determined by
the Registrar, who will have regard to all the circumstances of the
case, including the stage of proceedings at which the arbitration is
settled or otherwise disposed of.
34.4. The Registrar may from
time to time direct parties to make one or more deposit(s) towards
any further expenses incurred or to be incurred on behalf of or for
the benefit of the parties.
34.5. All deposit(s) shall be
made to and held by the Earbitration.net. Any interest which may
accrue on such deposit(s) shall be retained by the Earbitration.net.
34.6. If a party fails to make
the payments or deposits required or directed, the Tribunal may
refuse to hear the claims or counterclaims, whichever is applicable
till the payments and deposits are made within 14 days of orders
calling for that. Failing this compliance of fees order, the
arbitration will be abandoned and will have to be started afresh.
34.7. The parties shall
remain jointly and severally liable to the Earbitration.net pay all
such fees and expenses until they have been paid in full even if the
arbitration is abandoned, suspended or concluded, by agreement or
otherwise, before the final Award is made.
Rule
35 - Decision Making by the Tribunal
35.1. Where a Tribunal has been
appointed, any direction, order, decision or award of the Tribunal
must be made by the whole Tribunal or a majority. If an arbitrator
refuses or fails to sign the Award, the signatures of the majority
shall be sufficient, provided that the reason for the omitted
signature is stated.
35.2. If there is no unanimity
or majority, the same shall be made by the presiding arbitrator
alone as if acting as a sole arbitrator.
35.3. However, in the case of a
three-member Tribunal the presiding arbitrator may, after consulting
the other arbitrators, make procedural rulings alone.
36.1.1
Unless the Registrar extends the time or the parties agree
otherwise, the Tribunal shall make its Award in writing within 45
days from the date on which the hearings are closed
and shall state the reasons upon which its award is based. The award
shall contain the date and shall be signed by the arbitrator or
arbitrators. The total time frame of arbitration under
eregistry will not be more than four months since the notice of
arbitration/mediation/conciliation, as the case may be. Any
additional award or correction to award can be made on request by
the parties within seven days of passing of award which will be
available to the parties on their log on facility as well.
36.2 Award shall be
confidential but earbitration.net holds the right to publish the
Award in any form, with consent of parties, or produce the same in
court of law when desired or asked for.
36.3. After the Award has been
made and the possibilities of correction and additional Awards have
lapsed or been exhausted, neither the Tribunal nor the Registrar
shall be under any obligation to make any statement to any person
about any matter concerning the arbitration, and no party shall seek
to make any arbitrator or the Registrar or the earbitration.net
under both rules of ‘Eregistry’ and ‘File a Case’ and any of
its officers a witness in any legal proceedings arising out of the
arbitration.
36.4
The
Registrar may from time to time issue Practice Notes on the
implementation of these Rules.
Rule
36.5 - Amendment to Rules
These Rules may from time to time be amended by the
Registrar acting on the advice of the Executive Committee of the
earbitration.net.
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