Conciliation and Arbitration at FACT

• Facilities and Services at FACT
• Why Settle Disputes At FACT?

Administration of conciliation and arbitration according to FACT's Rules consists of providing a complete set of services to enable efficacious running of the proceedings, thus making it possible for the parties and the conciliator / arbitrator to concentrate on the substantive aspects of their dispute which they are striving to resolve. Given below are some of the functions and duties which FACT undertakes to ensure a smooth arbitration / conciliation process:

• Appointing the conciliator /arbitrator where the parties are unable to agree on an appointment or as otherwise required by the parties
• Fixing the terms of appointment of the conciliator(s) /arbitrator(s) after obtaining an undertaking declaring their acceptance of responsibility and statement of independence
• Fixing the conciliator / arbitrator's fees and managing all the financial aspects of the matter
• Supervising the progress of the case
• Performing all other functions and duties so as to enable the smooth running of the proceedings
• Providing the infrastructure, facilities and services for hearings, including hearing rooms and stenographic assistance
• Attending to all other secretarial and administrative services

Our Facilities and Services

• Availability of hearing and administration facilities in major commercial centres of India
• Well equipped hearing rooms
• Private consulting rooms for use by parties and their legal representatives
• Access to video and teleconferencing facilities
• Secretarial and transcription services
• Photocopying and faxing facilities
• Audio & video recording facilities
• Secure storage for files, documents & exhibits
• Coffee and tea service
• Meal catering service
• Library
• Speedy dispatch of documents
• Free information service
• Hotel / airline bookings
• Transport arrangements

Why Settle Disputes At FACT

The FACT head office is located in Central Delhi and has convenient proximity to hotels, banks and shopping complexes. FACT provides complete facilities and services for conducting domestic, international and ad hoc arbitrations as well as conciliation/mediation. FACT also has mutual co-operation agreements with other international institutions and arbitration proceedings under the auspices of these institutions may be held at FACT, at the respective institutions' request.

FACT is acknowledged as an established and neutral forum for resolution of disputes, through cost-effective, fair and expeditious procedures. With India being a signatory to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, arbitral awards made at FACT under its Rules are enforceable in every country which is a party to the Convention.

The Rules of FACT allow a great deal of flexibility in the conduct of its arbitration or conciliation proceedings and offers wide discretion to the parties with regard to nominating their arbitrators and conciliators. In addition, FACT panel boasts of arbitrators with an extensive array of professional qualifications and expertise.

THE ADVANTAGE OF SUBMITTING DISPUTES TO FACT

1) The options to resolve a dispute

In India there are a variety of ways of resolving disputes and FACT offers the options of Arbitration, Fast Track Arbitration and Conciliation, helping parties to choose the best available for their particular disputes.

2) Availability of pre-established rules and procedures

The Rules of FACT allow a great deal of flexibility in the conduct of proceedings and leave wide discretion to the parties with regard to the choice of arbitrators & conciliators, the place of arbitration and the applicability of the procedural rules. The Rules provide guidelines on the arbitration and conciliation process and must be adhered to so as to ensure validity of the proceedings.

3) Comprehensive Panel of Arbitrators / Conciliators

FACT endeavors to assist parties in selecting adjudicators with the requisite qualifications and expertise. It maintains a specialized Panel for this purpose. The FACT Panel boasts of arbitrators and conciliators with an extensive array of professional qualifications and expertise (legal and technical) for every branch of industrial or commercial fields, in order to give definite resolutions to diversified disputes, thus guaranteeing a tribunal of the highest aptitude and proficiency

3) Fixed cost for administrative services and for arbitrators fees

The fees and charges of FACT are fixed, taking into account the actual expenses incurred and keeping in view the aim of the Tribunal to encourage and propagate use of ADR mechanisms of Arbitration and Conciliation by parties to the dispute. The fees of arbitrators / conciliators depend on several factors such as the amount of claim in the dispute, length of hearings and the venue of the proceedings. Fees are fixed in each case in accordance with the schedule of fees (provide Link to Fee Schedule) and are borne equally by both parties to the dispute.

*For details, please refer to the fee schedules under the respective service

4) Administrative assistance from the FACT secretariat

The FACT Secretariat is headed by its Registrar and consists of an experienced squad of legal and administrative staff. It provides full registry services and legal support to sole arbitrators/ conciliators and tribunals and serves as the official channel of communication whilst ensuring safe custody of documents, using both traditional and state-of-the-art electronic facilities. The Secretariat also provides services such as legal research, financial administration, logistical and technical support for meetings and hearings, travel arrangements, and general secretarial and linguistic support.

The Secretariat is also available to provide information and advice to parties contemplating dispute resolution.

5) Infrastructural facilities and services

FACT is centrally located in spacious facilities in one of the prime office buildings in Delhi and provides the following infrastructural amenities and services

• Availability of hearing and administration facilities in major commercial centres of India
  
• Well equipped hearing rooms
  
• Private consulting rooms for use by parties and their legal representatives
  
• Access to video and teleconferencing facilities
  
• Secretarial and transcription services
  
• Photocopying and faxing facilities
  
• Audio & video recording facilities
  
• Secure storage for files, documents & exhibits
  
• Coffee and tea service
  
• Meal catering service
  
• Library
  
• Speedy dispatch of documents
  
• Free information service
  
• Hotel / airline bookings
  
• Transport arrangements

6) Panel of experienced arbitrators & conciliators, categorised by fields of expertise

The FACT panel boasts of arbitrators & conciliators with an extensive array of professional qualifications and expertise (legal and non-legal) for every branch of industrial or commercial fields, in order to give definite resolutions to diversified disputes, thus guaranteeing a tribunal of the highest aptitude and proficiency. FACT presently has at its disposal 2000 arbitrators pertaining to widely varied economic fields, to enable companies to select as arbitrators specialists of their trade known for their professional and legal skills. (Link to Panel of Arbitrators & Conciliators)

7) Extensive and widespread area of operations

FACT has a fully operational Chapter at Mumbai and provides venue for conduct of arbitration /conciliation proceedings at the following cities:

8) Assistance in encouraging reluctant parties to proceed with arbitration or conciliation.

In India there are a variety of ways of resolving disputes and FACT is available to assist parties to choose the best available for their particular disputes. The FACT Secretariat provides full assistance and information to the parties, regarding various ADR methods and suggests alternatives, after discussion with the parties, ascertaining their needs according to the nature of the dispute.

9) An option available to the parties to exercise conciliation before resorting to arbitration

The FACT conciliation procedure may be used both by parties who are already committed to conciliate, by virtue of such a provision in their contract, as well as by parties who have not provided for conciliation, but who wish to conciliate their dispute, either in an attempt to avoid, or during the course of, litigation or arbitration.

10) Freedom available to the parties to exercise the option of Fast Track Arbitration.

FACT encourages parties to adopt as expeditious an approach as possible and offers an option of Fast Track Arbitration whereby parties may request the arbitral tribunal, before commencement of arbitration proceedings, to settle disputes within a fixed time frame of 3-6 months or any other time frame agreed by the parties, without any oral hearings

11) Maximum flexibility for parties and tribunals to agree on procedural matters.

12) Information Service

FACT provides a free information service on data relating to arbitration and other means of dispute resolution covering the following areas:

• Providing general information and assistance in connection with both international and domestic dispute resolution.
  
• Responding to queries concerning any proposed conciliation or arbitration in India.
  
• Providing information on arbitration law and procedure of India
  
• Giving information on FACT Arbitration and Conciliation clauses.
  
• Providing information on the Arbitrator's Fees
  
• Furnishing the FACT Rules of Arbitration and Rules of Conciliation, when requested.

#Parties should nevertheless obtain separate legal advice when necessary.