The Indian Council of Arbitration

Use of the ICA Arbitration Clause

The use of the arbitration clause of the Council is not restricted to members of the Council. The arbitration clause of the Council can be used not only in disputes between private parties, i.e., between firms and individuals generally, but also where one or both of the parties is/are Government or State enter- prise/s or organisation/s.

Any dispute or difference relating to commercial matters including shipping, banking, insurance, building construction, engineering, technical assistance, know-how, patents, trade marks, management consultancy, commercial agency, etc., arising between parties in India or a party in India and a party in a foreign country or between foreign parties who agree or have agreed for arbitration by the Council or under the Rules of Arbitration of the Council, may be referred for arbitration to the Council.

The parties can agree on the Council's clause either in advance or after a dispute has arisen between them. The existence of a valid arbitration clause enables, nay oblige the parties to it to submit to arbitration in accordance with the Council's Rules of Arbitration. The refusal or abstention of any of the parties from the arbitration proceedings does not prevent arbitration from proceedings as the Rules contain provisions empowering the Bench to proceed with the reference in spite of such default.