A MODEL ARBITRATION AGREEMENT IN CASE OF AN

INSTITUTIONALISED ARBITRATION. WHAT SHOULD BE

THE CONTENTS OF SUCH AN AGREEMENT? ASSUME THAT
THE AGREEMENT IS BETWEEN A LEGAL CORPORATE WHO
IS PRIMARILY AN ARBITRATION SERVICES PROVIDER AND
A CORPORATE CLIENT.
INRODUCTION
Arbitration and conciliation are two methods of alternative dispute
resolution (ADR) methods used to resolve conflicts between parties outside
of traditional litigation in court.

Arbitration and Conciliation Act 1996

This act was enforced on 22nd August 1996, it is applicable to the whole of
India and Extent to Jammu and Kashmir only if relate to international
commercial arbitration or conciliation. It consist of 4 parts including 86
Sections and 3 schedules

ARBITRATION AGREEMENT
An arbitration agreement is a contract between two or more parties to
resolve any disputes or conflicts between them through arbitration rather
than going to court.

Arbitration agreement figure the legal notes of Arbitration process,

includes selection process, number of arbitration, the rules of procedure
and the scope of procedure. The agreement will be in larger contract or
separate agreement

INSTITUTIONALISED ARBITRATION
An Institutionalised Arbitration is one that directed by institution agreed
next to the parties conducted in accordance with that institutions rules and
regulations.

Institutionalized arbitration means a form of alternative dispute resolution

(ADR) where parties in a dispute accepted to submit their case to an arbitration

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process administered by a third-party institution or organization, other than a
single arbitrator.

This institutionalised arbitration helps to ensure the arbitration process is

conducted just, fair and effectively efficiently.

Arbitration service provider

An arbitration service provider is an organization or institution that offers a
range of services related to the management of arbitrations. There are some
services are

1. Case management
2. Rules and procedures
3. Panel of arbitrators
4. Facilities and resources
5. Enforcement of resources

Some arbitration services providers are

 Delhi International Arbitration Centre (DIAC) – New Delhi

 India International Arbitration Centre (IIAC)
 International Chamber of Commerce (ICC)
 American Arbitration Association (AAA)
 London Court of International Arbitration (LCIA)

Let’s assume that, an institutionalised arbitration agreement between Bharath

Council of Arbitration and Anup Associates.

Arbitration Services Agreement

This Arbitration Services Agreement ("Agreement") is made and entered into

on 28th April 2023 by and between Bharath Council of Arbitration (BCA)
("Service Provider") and Anup Associates ("Corporate Legal Firm ").

WHEREAS, Service Provider provides arbitration services to the parties

involved in professional disputes in corporate legal firm; and

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WHEREAS, Anup Associates wishes to engage Bharath Council of Arbitration to
provide arbitration services for disputes arising out of or relating to its
professional operations;

1. Services- Bharath Council of Arbitration shall provide arbitration services

to Anup Associates for disputes arising out of or relating to professional
operations.
2. Fees- Anup Associates shall pay to the Bharath Council of Arbitration, in
accordance with the 2% of the yearly income of the firm. (Anup
Associates)
3. Confidentiality- Bharath council of arbitration and Anup Associates shall
maintain the confidentiality of all arbitration proceedings and any
related documents, in accordance with applicable law and professional
standards.
4. Governing Law- This Agreement shall be governed by and construed in
accordance with the laws of the state of [state].
5. Term and Termination- This Agreement shall commence on the date
28th April 2023 first written above and shall continue until terminated by
either party upon thirty (30) days advance notice.
6. Independent Contractor- Indian Council of Arbitration is an independent
contractor and nothing in this agreement shall be construed to create a
partnership, joint venture, or employer-employee relationship between
the parties.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the

date first above written.

[Signature of Bharath council of arbitration]

[Signature of Anup Associates

NOW, THEREFORE, in consideration of the mutual promises and covenants

contained herein, the parties agree as follows:

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 ANUP ASSOCIATES

By: Dinesh S

Title: Chief Financial Officer

Bharath Council of Arbitration

By: Mohan. M

Title: Vice-President of Bharath Council of Arbitration