e-Court - Attestation Costs

(amount mentioned is valid through 2013 & 2014)

Witnesses in e-court statements are only allowed as evidence if the statement is authenticated/attested by a notary. This means that the notary confirms the identity of the person(s) who signed the document(s) for deposit. The e-Court notary can be asked to complete this task at an additional cost of INR 6,724. However, also other notaries not registered with e-Court are accepted.

Arbitration proceedings in India are conducted under the Arbitration and Conciliation Act 1996 (the Act). The Act is based on the UNCITRAL model law.

The main arbitration bodies in India are the Indian Council of Arbitration, the International Centre for Alternative Dispute Resolution, the Bombay Chamber of Commerce and the Indian Merchants’ Chamber. Each organisation has its own set of arbitration rules. Court interference is common at all stages of arbitration in India. Following a recent decision of the Indian Supreme Court, it is advisable to exclude Part I of the Act in any arbitration clause involving India. Part I of the Act makes provision for recourse against an arbitral award. It enables Indian courts to remove arbitrators and set aside awards (including foreign awards) which are deemed “in conflict with the public policy of India”. It has been confirmed that a broad definition of public policy will apply.

Avoid multi-layered arbitration clauses where one award may be appealed to a second arbitration. In those circumstances, the Indian courts have found the second award to be unenforceable in India. India is a party to the New York Convention. It has exercised both the reciprocity and commerciality reservations. However, notification is required in the official Gazette in relation to each specific country. Not all countries that have ratified the New York Convention have been notified in the official Gazette.

Any dispute or difference whatsoever arising between the parties out of or relating to the construction, meaning, scope, operation or effect of this contract or the validity or the breach thereof shall be settled by arbitration in accordance with the Rules of Arbitration of the Indian Council of Arbitration and the award made in pursuance thereof shall be binding on the parties.

Indian Council of Arbitration
Any dispute or difference whatsoever arising between the parties out of or relating to this contract or construction, meaning, scope, implementation, operation or effect of this contract or the validity or the breach thereof shall be referred to arbitration in accordance with the Rules of Arbitration of the Indian Merchants’ Chamber and the Award made in pursuance thereof shall be final and binding on the parties.

Indian Merchants’ Chamber
In order to exclude Part I of the Act — and avoid judicial interference with the arbitration proceedings (other than in relation to interim measures) — it is advisable to add the following wording: “The provisions of Part I of the (Indian) Arbitration and Conciliation Act 1996, except section 9 thereof, are expressly excluded and shall not apply to such arbitration and proceedings”.

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