Arbitration
An independent arbitrator hears both sides online and decides the dispute. The decision, called an award, is binding and can be enforced like a decree of a court.
ArbitratorIndependent, appointed automatically, never chosen by JuriCloud staff
Time limitsPleadings within 6 months; award within 12 months after that
CostsArbitrator’s fee set by the claim amount, deposit shared by the parties
When it applies
Arbitration is available when the agreement has a dispute clause referring disputes to arbitration under the Stamp ODR rules. Stamp’s templates include one. It starts when the respondent declines mediation, doesn’t reply to the notice, or mediation ends without a settlement.
Step by step
- Start arbitration from the claim page. The request was already in the legal notice, so the date the respondent received it is the start date.
- An arbitrator is appointed automatically by closest match from the panel. Anyone who acted for either party, shares a firm with their advocates, or has a disqualifying relationship is excluded.
- The arbitrator accepts and discloses any circumstances that could affect their independence, in the statutory format.
- Either side may challenge the appointment within 15 days of learning the grounds, with written reasons. A first timely challenge ends the appointment and a new arbitrator is appointed the same way. Any further challenge is decided by an independent Challenge Committee within 7 days.
- Deposits are fixed for the arbitrator’s fee and the administration fee. Each side pays half within 15 days. If one side doesn’t pay, the other may pay their share and recover it in the award. If neither pays, the arbitrator may suspend or end the proceedings.
- Statements are filed. The claimant files a statement of claim, the respondent a statement of defence, and either may file a counter-claim. Every filing is fingerprinted and shared with the other side.
- Hearings are held online on dates the arbitrator sets. Attendance is recorded.
- The award is made. It gives reasons, decides costs, and is stamped before the arbitrator signs it with Aadhaar eSign. Both parties receive the signed award.
If a party doesn’t take part
- If the claimant doesn’t file its claim in time, the arbitrator may end the proceedings.
- If the respondent doesn’t file a defence, the case continues. Silence is not treated as an admission, but the right to file a defence may be closed.
- If a party misses a hearing, the arbitrator may continue and decide on the evidence.
- A party with sufficient cause can ask the arbitrator to let them back in.
Time limits
| Stage | Limit | Law |
|---|---|---|
| Statements of claim and defence | Within 6 months of appointment | s.23(4) |
| Award | Within 12 months after pleadings close, extendable by 6 months with consent | s.29A |
| Challenge to the award in court | Within 3 months of receiving it | s.34 |
After the award
Once the time to challenge has passed, the award can be enforced like a decree of a court. Stamp keeps the signed, stamped award and the full record, and can issue a certificate for the electronic record.
Questions
- Who pays the arbitrator?
- The parties, through the deposits. The arbitrator is paid half when pleadings close and half on the signed award. JuriCloud does not pay arbitrators from its own funds.
- Can we settle during arbitration?
- Yes, at any time. A settlement ends the arbitration and unused deposits are refunded.
- Is mediation material used?
- Never. The arbitrator does not see anything from mediation.
Draft for legal review. Conducted under the Arbitration and Conciliation Act, 1996 and the Stamp ODR rules.