1. Global Dispute Resolution
WELCOME TO
AICADR (Assocham International Council of Alternate Dispute Resolution)
A State-of-the-art International Centre for ADR in New Delhi
Heralding a new era in
Global Dispute Resolution
G. P. SRIVASTAVA
Director General AICADR

2. NEED FOR ADOPTING AND PROMOTING ADR IN INDIA
1. witH heavy backlogs Judicial System under TRMENDOUS pressure in India 2. High costs, LONG PERIODS and complexities in COURT proceDURES ARE DETERRENTS TO DISPUTE RESOLUTION 3. With increasing fdi and cross-border trade a speedy settlement of disputes is required 4. ADR has been a success worldwide Flexibility of ADR processes 6. Parties' control of process 7. Confidentiality Parties’ choice of forum 9. Shared future interests are protected

3. About ASSOCHAM
ASSOCHAM is an apex chamber of India and initiated its endeavour of value creation for Indian industry in 1920 as a Non-profit organization.
Having in its fold more than 400 Chambers and Trade Associations and serving more than 4.5 lacs members from all over India and abroad.
Currently, ASSOCHAM has more than 100 National Councils and 18 International Councils covering the entire gamut of economic activities in India and abroad

4. JUSTICE The Price of 3 CRORE CASES 3 years THE AVERAGE PENDENCY OF ANY
Fighting Cases is an Exacting Business
JUDGES UNDER PRESSURE
WHO SOULD BLAME ?
20-150
THE NUMBER OF CASES A DAY JUDGES HEAR IN THE HIGH COURT
62%
SAY JUDGES ARE SLOW 70
HEARING A DAY ON AVERAGE THAT JUDGES PRESIDE OVER
27%
SAY LITIGANTS DON’T TURN UP 8%
SAY OTHER PARTY INFLUENCED THE JUDGE
COST OF LITIGATION
WAITING
FOR JUSTICE
3 CRORE CASES
Rs. 873
LOSS OF PRODUCTIVITY OF A LITIGANT DUE TO LOSS OF WORK TIME, WAGES AND BUSINESS
Rs. 30,000
CRORE IS WHAT LITIGANTS IN INDIA SPEND IN A YEAR JUST TO ATTEND COURT HEARINGS
Rs. 519
WHAT A LITIGANT SPENDs PER DAY TO ATTEND COURT
10%
SAY THERE IS NO DELAY
29%
LITIGANTS ARE 12TH PASS AND ANOTHER 29% HAVE UNDER-PRIMARY LEVEL OF SCHOOL EDUCATION
DISTRESS CALLS
Rs. 50,387
PRODUCTIVITY LOSS OF LITIGANTS, 0.48% OF INDIA’S GDP
66%
CASES ARE RELATED TO
LAND AND PROPERTY DISPUTES
45%
OF THE RESPONDENTS IN CRIMINAL MATTERS HAVE AND ANNUAL FAMILY INCOME OF LESS THAN ONE LAKH; 29% OF THEM ARE UNEDUCATED OR HAVE STUDIES UP TO THE PRIMARY SCHOOL LEVEL
TIME IN COURT
3 years THE AVERAGE PENDENCY OF ANY
CASE IN OUR 21 HIGH COURTS
6 years THE AVERAGE PENDENCY OF ANY CASE IN ANY OF THE SUBORDINATE COURTS
31% DID NOT GET BAIL BECAUSE THEY DID NOT HAVE ENOUGH MONEY TO PAY FOR THE BOND
21% OF THE ACCUSED DECLARED THEY HAD SPENT MORE TIME IN JAIL THAN THE PRESCRIBED PUNISHMENT
13 plus years
THE TIME AN AVERAGE LITIGANT WHOSE CASE GOES TO THE SUPREME COURT IS LIKELY TO SPEND
2.4% LITIGANTS USE COURT-APPOINTED LAWYERS 2

5. Where are the Judges ? THE SHORTFALL
Approved Strength Current Strength Vacancies 3

6. CASES OF TOP TEN NATIONALITIES FILED IN SIAC IN 2013

7. WHY AICADR
The Law Commission, Government of India, in its 246th Report emphasized on culture of institutional arbitration in India, recommended chambers of commerce to set up new arbitration centers with rules/latest provisions.
ASSOCHAM International Council of Alternate Dispute Resolution (AICADR) has been formed as an exclusive Council of the Associated Chambers of Commerce & Industry of India, providing Arbitration, Conciliation, Mediation or any other dispute resolution methods.

8. The ADR Rules are based on UNCITRAL model, drawn up after meetings and deliberations with the Hon’ble Judges of Supreme Court, High Court, Leading Practitioners, Senior Bureaucrats, Industrial Representatives and Authorities from Secretariat of United Nations Commission on International Trade Law etc.
Incorporated latest provisions, aiming to bring a fair and trustworthy, faster and cost effective ADR mechanism catering to the needs of domestic and global dispute resolution.

9. AIMS & OBJECTS INFRASTRUCTURE
Propagation of Alternate Dispute Resolution
Training of Arbitrators and business executives
Research and Coordination with other similar
Alternate Dispute Resolution Institutions
Speedy/fair resolution of disputes within fixed time frame at minimum cost.
INFRASTRUCTURE
Panel of renowned arbitrators/conciliators/ mediators
Professional Team of Secretariat
ADR meeting rooms equipped with state-of-the-art facilities including :
Digital Projector
Audio & Visual Facilities
Dedicated System including Transcription etc.
Multi-point video conference facilities
Centrally located offices at different locations in India & Abroad
Library
Meeting Room - 1
Meeting Room - 2

10. REFERENCE OF DISPUTES :
EASE OF DOING BUSINESS
It is advisable to use the ADR clause in all domestic and global commercial contracts as stipulated in AICADR Manual; clause(b) of Part-1 of General Rules
AICADR Rules offers fast track resolution of commercial disputes within fixed time frame at most economical cost
REFERENCE OF DISPUTES :
Disputes can be referred to AICADR under its Rules for Arbitration/ Conciliation/ Mediation:
By an clause in a contract providing for reference of the dispute under that contract
By a separate agreement providing for reference of the existing dispute
By an agreement for providing administrative services under any other rules.
To appoint Arbitrator/Mediator in commercial disputes as required by any party

11. Revolution in resolving commercial disputes
The Arbitration & Conciliation (Amendment) Act, 2016 and setting up of Commercial Courts have brought out a revolution in the speedier resolution of commercial disputes in India. Important changes brought out in both the Acts includes;
Application for appointment of arbitrator by the courts to be disposed off within 60 days;
Grant of interim measures by the arbitral tribunal;
Award to be given within one year and its challenge, if any, also to be disposed off within the same period;
Introduction of fast track procedure and model fee structure; etc
Commercial Courts, Commercial Division & Commercial Appellate Division of High Courts Act,2016 is set to try all suits and applications of a specified value

12. The appeals against the decision of Commercial Courts is to be brought out within sixty days and to be disposed off within six months.
Apart from the above, amendments in several Sections have also been brought out in the Arbitration & Conciliation (Amendment) Act, 2016 for making arbitration process more effective.
ASSOCHAM ADR Rules incorporate all the latest provisions of the recent amended ADR laws aiming at to resolve all commercial disputes within fixed time frame at minimum cost.

13. ADR COMMITTEE
The governing body of the ASSOCHAM shall constitute an ADR Committee for performing the functions under the Rules. It shall consist of a Chairman who shall normally be ex-officio Secretary General of ASSOCHAM, a Director General and maximum of eight other members, from different disciplines/Ministries such as Director General Foreign Trade, Min. of External Affairs, Min. of Finance, Shippers Body, Min. of Commerce, Min of Law, EU Commission, Public Sector Corporation etc., subject to their suitability and consenting to be a member. 11

14. TIME FRAME FOR PUBLICATION OF AWARD
The Tribunal (ADR Panel Member(s)/Conciliator(s)/ Mediator(s) appointed shall after its first meeting communicate the time table to the Registrar along with time period for publication of the result/decision/award which should be adhered to and may not exceed 1 year.
The Tribunal may, where necessary, secure agreement of parties to dispense with formal proof of documents, except the question document.
The Tribunal may implead material party to the proceedings with the consent of the parties and the written consent of the party to be impleaded. The proportionate fees will be paid by the new party as determined by the Tribunal.

15. MOST ECONOMICAL FEES Sum in dispute (Rs.) Fees (Each ADR Panel Member)
“AICADR” Centre has adopted broadly the Law Commission 246th Report Guidelines for fees of ADR Panel members , as under :
Sum in dispute (Rs.)
Fees (Each ADR Panel Member)
Upto Rs. 5,00,000/-
Rs. 45,000/-
Above Rs. 5,00,000/- and upto Rs. 20,00,000/-
Rs. 45,000/ % of the claim amount over and above Rs. 5,00,000/-
Above Rs. 20,00,000/- and upto Rs. 1,00,00,000/-
Rs. 97,500/- + 3% of the claim amount over and above Rs. 20,00,000/-
Above Rs. 1,00,00,000/- and upto Rs. 10,00,00,000/-
Rs. 3,37,500/- + 1% of the claim amount over and above Rs. 1,00,00,000/-
Above Rs. 10,00,00,000/- and upto Rs. 20,00,00,000/-
Rs. 12,37,500/ % of the claim amount over and above Rs. 10,00,00,000/-
Above Rs. 20,00,00,000/-
Rs. 19,87,500/ % of the claim amount over and above Rs. 20,00,00,000/- with a ceiling of Rs. 30,00,000/- 13

16. INCENTIVE FOR SPEEDY RESOLUTION
In order to conclude ADR promptly with the period agreed under Rule 8 of the General Rule (Part I), the incentive of 20% can be considered if award is declared within 9 months from its commencement or 10% if within 12 months duration.
In the event, ADR Panel Member to be appointed is a Sole ADR Panel Member; he shall be entitled to an additional amount of 25% on the fee payable as per the table set out above.
Summary ADR Panel Member Fees will be 66% of the rates given above.
Fee payable to Conciliator and Mediator, will be 50% of the ADR Panel Member’s fees.

17. ADR Council Meeting in Progress
AICADR MEETINGS
Mr. Joao Riberio, United Nations Uncitral (Head of Regional Centre for Asia and the Pacific) speaking at AICADR meeting
Hon’ble Law Minster releasing AICADR manual )
Mr. Malik Imran Admad, D.G. SAARC Arbitration Council and His Excellency Khalid Al- Amin Chairman, BCCI addressing AICADR meeting
ADR Council Meeting in Progress 15

18. Shri. D.S. Rawat, Secy. General ASSOCHAM & Chairman, AICADR facilitating Hon’ble Minister of Law and Justice, Shri Sadananda Gowda on 1st Dec. 2015
Shri. D.S. Rawat, Secretary General ASSOCHAM & Chairman,
AICADR and Shri G.P. Srivastava DG, AICADR briefing salient features of AICADR to Hon’ble Minister of Law and Justice, Shri Sadananda Gowda on 1st Dec. 2015

19. ADMINISTRATIVE FEES BY AICADR
IN ADDITION TO FEES/EXPENSES, AICADR CENTRE
WILL CHARGE;
Registration of ADR case
Administrative fees
All other facilities on cost
Rs.25,000/- payable in advance
2% of amount in dispute including counter claim(s) if any payable in advance
On each occasion from time to time payable in advance

20. UNCITRAL RULES ON TRANSPARENCY IN TREATY-BASED INVESTOR-STATE ARBITRATION
The UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (“Rules on Transparency’) shall apply to investor-State arbitration initiated under the :
AICADR UNCITRAL Model Arbitration Rules pursuant to a treaty providing for the protection of investments or investors subject to the state party to the dispute being a signatory to the convention on transparency in the investor – state arbitration.

21. JOIN AS AICADR MEMBER IN APPROPRIATE CATAGORIES
Categories
Membership Fee
Amount payable
Individual Membership
Annual
Annual fee: Rs. 1,000/-
One time joining fee: Rs 500/-
Rs. 1,770/-
(b) Life Time
Life time fee: Rs. 10,000/-
One time joining fee: Rs. 500/-
Rs. 12,390/-
(c ) ADR Panel Member /Mediator/Conciliator(Please tick )
Empanelment (for Life Members only on approval by ADR
Committee)
Rs. 2,500/-
Rs. 2,950/-
(II) Corporate Membership Associations/Firms/Companies/Undertaking/others
Annual Corporate Membership(up-to 4 nominated representative from the same organization)
Annual fee: Rs 5,000/-
One time joining fee: Rs 2,500/-
Rs. 8,850/-
(b) Life Corporate Membership(upto 4 nominated representative from the same organization)
Please furnish: Name, Designation and Contact Details of 4
nominated persons on organization’s letter head along with
this application form
Life membership fee: Rs. 50,000/-
One time joining fee: Rs. 2500/-
Rs. 61,950/-
Note: The membership fee covers period from January to December. Except life members, others have to pay proportionate fee for fraction of the calendar period as applicable, subject to minimum 6 months period.

22. BENEFITS TO MEMBERS
Use of infrastructure facility including library/e-library etc.
Receive periodical E-ASSOCHAM Legal Bulletin – Articles solicited from members for publishing
Through conferences, seminars, workshops and lectures, share ideas, exchange knowledge and to network.
Members enjoy discounted registration fees at conferences/seminars
Preferential rates for advertising in the Bulletin
Sponsorship opportunities
Lecture/programme/event invitation
Act as arbitrator/conciliator/mediator.

23. For further details please visit our website
or contact:
Mr. S. L. Khurana
Joint Registrar ,