Dispute Resolution Centre Mumbai (DRCM) Rules & Regulations:
Introduction
The Dispute Resolution Centre Mumbai (DRCM) aims to provide effective, efficient, and
accessible dispute resolution services, including institutional arbitration, mediation,
conciliation, and negotiation. These rules and regulations govern the functioning of DRCM
and outline the procedures to be followed by all parties involved
Definitions
- Arbitration: A method of dispute resolution where a neutral third party (the arbitrator)
makes a binding decision. - Mediation: A facilitative process where a mediator assists the parties in reaching a
mutually acceptable agreement. - Conciliation: A process where a conciliator meets with the parties separately or
together to resolve their dispute - Negotiation: Direct discussions between parties to resolve their dispute without third-
party assistance. - DRCM: Dispute Resolution Centre Mumbai, the Non-Govt. Organization providing
these dispute resolution services.
General Provisions
- Scope: These rules apply to all cases referred to DRCM for dispute resolution.
- Language: The language of proceedings will be English, unless otherwise agreed by
the parties. - Confidentiality: All proceedings, communications, and documents are confidential
and shall not be disclosed without the written consent of all parties involved - Voluntariness: Participation in DRCM processes is voluntary unless mandated by a
court order or agreemen - Good Faith: Parties must engage in the dispute resolution process in good faith.
Commencement of Proceedings
1. Initiation: Dispute resolution proceedings are initiated by submitting a request on mail
or by online request to file case against the party, to DRCM.
2. Notification: Upon receipt of a request, DRCM will notify the other party/parties and
provide details of the dispute resolution process.
3. Fees: Parties must pay the prescribed fees as outlined in the DRCM fee schedule which
will be shared to the parties on mail or on portal in process of e-filing.
4. Case Management: Each case will be assigned a case manager who will oversee the
administrative aspects of the proceedings
Appointment of Arbitrators, Mediators, and Conciliators
1. Panel: DRCM maintains a panel of qualified arbitrators, mediators, and conciliators.
2. Selection: Parties may agree on a neutral third party from the panel. If the parties cannot
agree, DRCM will appoint a suitable individual.
3. Qualifications: Appointees must possess the necessary qualifications and experience
in dispute resolution.
4. Conflict of Interest: Any potential conflict of interest must be disclosed by the
Arbitrator, Mediator or Conciliator before appointment.
Arbitration Rules
1.Submission of Statements: Parties must submit their statements of claim and defence,
along with supporting documents, within the specified time frames as may be directed
by Arbitrator or DRCM Management.
2. Hearings: Hearings will be scheduled by the arbitrator, and parties will be notified in
advance.
3. Evidence: The arbitrator will determine the admissibility, relevance, materiality, and
weight of any evidence presented.
4. Interim Measures: The arbitrator may grant interim measures of protection as deemed
necessary.
5. Awards: The arbitrator will issue a written award within the specified time frame. The
award is binding on the parties
Mediation and Conciliation Rules
1.Session Scheduling: Mediation and conciliation sessions will be scheduled in
consultation with the parties.
2. Process: The mediator/conciliator will facilitate discussions to help the parties reach a
voluntary agreement.
3. Settlement: Any agreement reached will be documented and signed by the parties.
4. Confidentiality: Communications during mediation or conciliation are confidential
and cannot be used in subsequent proceeding
Negotiation Rules
1.Direct Discussions: Parties engage in direct negotiations to resolve their dispute.
2. Assistance: DRCM may provide guidance and support upon request.
3. Agreement: Any negotiated settlement will be documented and signed by the parties.
4. Neutral Facilitator: A neutral facilitator may be appointed to assist in the negotiation
process if parties request.
Conduct and Ethics
1.Impartiality: Arbitrators, mediators, and conciliators must remain impartial and
unbiased.
2. Conflict of Interest: Any conflict of interest must be disclosed immediately.
3. Professionalism: All parties must conduct themselves professionally and respectfully
throughout the proceedings
Miscellaneous Provisions
1.Amendments: DRCM reserves the right to amend these rules as necessary. Any
amendments will be updated on the web portal of DRCM.
2. Jurisdiction: DRCM operates under the jurisdiction of Indian laws and regulations.
International parties may agree to submit to Indian jurisdiction.
3. Dispute Resolution: Any disputes regarding these rules will be resolved by DRCM in
accordance with its procedures.
4. Compliance: All parties are required to comply with the rules and procedures set forth
by DRCM.
Post-Proceeding Actions
1.Implementation: Parties are responsible for the implementation of agreements or
awards reached through DRCM processes.
2. Follow-Up: DRCM may conduct follow-up sessions to ensure compliance and address
any subsequent issues.
3. Feedback: Parties are encouraged to provide feedback on their experience with DRCM
to help improve services
Facilities and Logistics
1.Venue: DRCM provides suitable venues for dispute resolution sessions. Virtual
facilities are also available.
2. Accessibility: DRCM venues are accessible to persons with disabilities. Special
accommodations can be arranged upon request.
3. Amenities: Basic amenities such as refreshments and waiting areas are provided for the
convenience of the parties
Contact Information
For any inquiries or further information, please contact: Dispute Resolution Centre Mumbai
(DRCM), S-43, Wing Express Zone, Malad East, Mumbai – 400097.
Email: info@drcmindia.com
Phone: 022-47837207
By participating in DRCM’s dispute resolution processes, parties agree to adhere to these
rules and regulations. DRCM is committed to providing fair, efficient, and effective
resolution services to all parties involved