AASRA ARBITRIX MEDIATION HUB (“AAMH Rules”) FOR ARBITRATION, CONCILIATION AND MEDIATION

Aasra ADR Institute AAMH ADR Rules 2 Table of Contents Part I – General ................................................................................................. 4 1. Short Title, Extent and Application ............................................................................... 4 2. Definitions and Interpretations ..................................................................................... 4 Part II – Arbitration Rules ................................................................................. 9 3. Scope of Application ...................................................................................................... 9 4. Means of giving notice and calculations of periods of time ........................................... 9 5. Commencement of Arbitration .................................................................................... 10 6. Appointment of Case Manager and Pre-Arbitration Call ............................................ 12 7. Constitution of Arbitral Tribunal ................................................................................. 12 8. Appointment of Arbitrators ......................................................................................... 13 9. Competence of arbitral tribunal to rule on its jurisdiction .......................................... 14 10. Administrative Assistance under Ad-Hoc Arbitration................................................. 15 11. Declaration by Appointed Arbitrator ........................................................................... 15 12. Challenge of Arbitrators ............................................................................................... 15 13. Date of Commencement of Arbitral Proceedings ........................................................ 17 14. Interim measures ordered by arbitral tribunal ............................................................ 17 15. Emergency Arbitration ................................................................................................ 18 16. Fast Track Arbitration.................................................................................................. 19 17. Statement of Claim.......................................................................................................20 18. Hearings and written proceedings ...............................................................................20 19. Default of a party.......................................................................................................... 21 20. Statement of Defense and Counter-Claim ................................................................... 22 21. Amendments to Pleadings ........................................................................................... 23 22. Further Pleadings......................................................................................................... 23 23. Presentation of Witness ............................................................................................... 23 24. Expert appointed by Arbitral Tribunal ........................................................................ 23 25. Evidence ....................................................................................................................... 24 26. Hearing......................................................................................................................... 24 27. Adjournment ................................................................................................................ 25 28. Timelines for grant of Award ....................................................................................... 26 29. Making and contents of Arbitral Award ...................................................................... 26 30. Post-Award Remedies .................................................................................................. 27 31. Correction .................................................................................................................... 27 32. Additional Award .........................................................................................................28 33. Appeal ..........................................................................................................................28 34. Termination of arbitration proceedings ...................................................................... 29 35. Place, Seat and Date of Arbitration .............................................................................. 29 36. Finality of the Arbitral Award ......................................................................................30 37. Conduct of proceedings................................................................................................30 38. Communication............................................................................................................30 39. Joinder of Parties .........................................................................................................30 40. Applicable law ..............................................................................................................30

Aasra ADR Institute AAMH ADR Rules 3 Part III – Conciliation Rules ............................................................................ 32 41. Commencement of Conciliation................................................................................... 32 42. Notification of Conciliation .......................................................................................... 33 43. Appointment of Case Manager and Pre-Conciliation Call ........................................... 33 44. Appointment of Conciliator ......................................................................................... 34 45. Challenge to Conciliator ............................................................................................... 34 46. Statements before Conciliator ..................................................................................... 35 47. Role of Conciliator ....................................................................................................... 35 48. Conciliation Agreement ............................................................................................... 36 49. Termination of Conciliation ......................................................................................... 37 50. No commencement of Arbitration proceedings or judicial proceedings ..................... 38 51. Admissibility of Conciliation proceedings in other proceedings .................................38 52. Representation and Assistance .................................................................................... 38 53. Date of Commencement of Conciliation Proceedings ................................................. 38 Part IV – Mediation Rules ................................................................................ 39 54. Commencement of Mediation...................................................................................... 39 55. Notification of Mediation ............................................................................................ 40 56. Appointment of Case Manager and Pre-Mediation Call ............................................. 40 57. Appointment of Mediator ........................................................................................... 40 58. Challenge to Mediator .................................................................................................. 41 59. Statements before Mediator ........................................................................................ 42 60. Role of Mediator .......................................................................................................... 42 61. Cooperation of parties with Mediator .......................................................................... 43 62. Mediation Agreement .................................................................................................. 43 63. Termination of Mediation ............................................................................................ 44 64. No commencement of Arbitration proceedings or judicial proceedings ..................... 44 65. Admissibility of Mediation proceedings in other proceedings .................................... 44 66. Representation and Assistance .................................................................................... 45 67. Date of Commencement of Mediation Proceedings .................................................... 45 Part V – Miscellaneous Provisions ................................................................... 46 68. Stamp Duty .................................................................................................................. 46 69. Protection against any act done in good faith .............................................................. 46 70. Maintenance of data and records by AAMH ............................................................. 46 71. Confidentiality.............................................................................................................. 46 72. Monitoring of proceedings ........................................................................................... 47 73. Exclusion of liability..................................................................................................... 47 74. Language ...................................................................................................................... 47 75. Procuring a verified copy ............................................................................................. 47 76. Amendment to AAMH Rules ..................................................................................... 47 77. Working Hours............................................................................................................. 47 78. Notices and communication ........................................................................................ 47 79. Waiver of the right to object ........................................................................................48 80. Fees ..............................................................................................................................48 81. Succession ....................................................................................................................48 82. Jurisdiction .................................................................................................................. 50 83. Official Work Hours .....................................................................................................50 Annexure I – Request for Arbitration .............................................................. 51 Annexure II – Notice for Arbitration ............................................................... 52 Annexure III – Arbitrators’ Declaration .......................................................... 54 Annexure IV – Letter Inviting For Conciliation ................................................ 56 Annexure V – Fee Schedules ............................................................................ 57

Aasra ADR Institute AAMH ADR Rules 4 Part I – General 1. Short Title, Extent and Application 1.1 Where parties have agreed to refer their disputes for resolution through arbitration, mediation or conciliation, the parties shall be deemed to have agreed that such arbitration, mediation or conciliation shall be conducted and administered in accordance with these rules, as amended from time to time (subsequently to referred as “AAMH Rules” in short). AAMH Rules include the rules, guidelines, code(s) of conduct, protocols, terms and conditions, policies, annexures etc. 1.2 In the event any of the AAMH Rules are in conflict with the mandatory provisions of law applicable to arbitration, mediation, conciliation or the agreement between the parties from which such parties cannot derogate, then such mandatory provisions or agreement/s shall prevail, as the case may be. 1.3 These AAMH Rules will apply automatically in the form of binding nature and shall apply to each arbitration, mediation or conciliation commenced under it. 2. Definitions and Interpretations 2.1. In these AAMH Rules, the following words shall have the following meanings: (a) “Arbitration Act” shall mean the Arbitration and Conciliation Act, 1996 as amended from time to time. (b) “Arbitral Tribunal” shall mean an Arbitrator or a panel of arbitrators appointed under AAMH Rules. (c) “Arbitration Notification” shall mean written communication sent by AAMH when one of parties has Arbitration clause / agreement or AAMH Arbitration Clause, commencing arbitration as per the AAMH Rules. (d) “Arbitral Award” shall mean any interim award, final award or any additional award as per the Arbitration Act. (e) “Arbitration Rules” or "rules" means the Arbitration and Conciliation Act, 1996; (f) “Arbitrator” means a person appointed as Arbitrator and includes a presiding Arbitrator or Ad-hoc Arbitrator; (g) “Arbitral Tribunal” means a person appointed as Arbitrator by the respective parties and each Arbitrator appointing the third / umpire Arbitrator known as presiding Arbitrator; (h) “Claimant” shall mean: (i) In the case of arbitration proceedings under AAMH Rules, the party initiating the claim; (ii) In the case of conciliation proceedings under AAMH Rules, the party initiating dispute resolution under Part III of AAMH Rules;

Aasra ADR Institute AAMH ADR Rules 5 (iii) In the case of mediation proceedings under AAMH Rules, the party initiating dispute resolution under Part IV of AAMH Rules. (i) “Conciliation Notification” shall mean written communication sent by AAMH when one of parties has Conciliation clause / agreement or AAMH Conciliation Clause, commences conciliation as per the AAMH Rules. (j) “Court” shall mean the meaning ascribed to the term under the Arbitration and Conciliation Act, 1996. (k) “DRP” or “Dispute Resolution Professional” shall mean an independent person who is appointed by AAMH as an Arbitrator, Mediator or Conciliator to resolve the dispute under AAMH Rules. (l) “Dispute Resolution Professional” shall mean any person appointed by AAMH as an impartial or a neutral expert to render and administer case resolution services. Any person who is engaged by AAMH as a DRP has a detailed profile with AAMH. (m) “DRP Review Committee” shall mean the committee of the experts constituted by AAMH which determines the questions raised in relation to the AAMH Rules, including disputes over the appointment of DRPs, their replacement or other related matters. (n) “Case Manager” shall mean the individual appointed by AAMH to provide administrative and secretarial services to the DRP and the parties to any proceedings under AAMH Rules. (o) “Fast track arbitration” means arbitration in accordance with Rule 16; (p) “International Commercial Arbitration” means an arbitration relating to disputes arising out of legal relationships, whether contractual or not, considered as commercial under the law in force in India and where at least one of the parties is- (i) an individual which is a national of, or habitually resident in, any country other than India; or (ii) a body corporate which is incorporated in any country other than India; or (iii) an association or a body of individuals whose central management and control is exercised in any country other than India; or (iv) the Government of a foreign country. (q) “Invitation to Arbitration” shall mean the invitation sent by one party to another party to participate in the arbitration proceedings under AAMH Rules. (r) “Invitation to Conciliation” shall mean the invitation sent by one party to another party to participate in the conciliation proceedings under AAMH Rules.

Aasra ADR Institute AAMH ADR Rules 6 (s) “Invitation to Mediation” shall mean the invitation sent by one party to another party to participate in the mediation proceedings under AAMH Rules. (t) “Letter of Request” shall mean the request made by the Claimant to AAMH to conduct proceedings under AAMH Rules, which should be in a form and manner similar to the template provided in Annexure I. (u) “Mediation Notification” shall mean written communication sent by AAMH when one of parties has Mediation clause / agreement or AAMH Mediation Clause, commences mediation. (v) “Panel” shall mean the panel of DRP available with AAMH. (w) “Panel of Arbitrators” means the panel of persons approved by the AAMH Governing Council to act as arbitrators. (x) “Party” means a party to an arbitration agreement and party intending to adjudicate dispute through AAMH Rules; (y) “Pleadings” shall mean the following, as may be amended by the Parties in accordance with AAMH Rules: (i) Statement of Claim; (ii) Statement of Defense, if any; (iii) Counter-claim, if any; (iv) Rejoinder to the Statement of Defense; (v) Reply to the counterclaim; (vi) Rejoinder to counter claim’s reply; and/or (vii) Any other additional document or amended pleadings, as the Arbitral Tribunal may decide. (z) “Pre-Arbitration Call” shall mean the introductory call made by the Case Manager to the parties to arbitration proceedings under AAMH Rules individually, wherein certain key information with regard to arbitration proceedings is communicated to the parties. (aa) “Pre-Arbitration Notice” shall mean the notice of arbitration sent by the Claimant under section 21 of the Arbitration Act, which shall be in a form and manner similar to Annexure II. (bb) “Pre-Conciliation Call” shall mean the introductory call made by the Case Manager to the parties to conciliation proceedings under AAMH Rules individually, wherein certain key information with regard to conciliation proceedings is communicated to the parties. (cc) “Pre-Mediation Call” shall mean the introductory call made by the Case Manager to the parties to mediation proceedings under AAMH Rules individually, wherein certain key information with regard to mediation proceedings is communicated to the parties. (dd) “Respondent” shall mean the party called upon to issue a response to a claim filed by the Claimant in arbitration proceedings under AAMH Rules; (ee) “AAMH” shall mean Symbiotic ADR Institute.

Aasra ADR Institute AAMH ADR Rules 7 (ff) “Confidentiality” shall mean parties details, information & proceedings shall not be made available to any party except the parties is dispute or any court directions to provide the same. (gg) “AAMH Arbitration Clause” shall mean an agreement between the parties to resolve their dispute through arbitration or conducting arbitration proceedings and its associated administrative services through AAMH, which has been agreed by the parties either prior or post the occurrence of the dispute: (i) in writing, as a clause which is a part of the main contract between the parties or as a separate arbitration agreement; or (hh) “AAMH Code of Conduct” shall mean the code of ethics and conduct that the DRPs shall abide for the duration of the case resolution process. (ii) “AAMH Conciliation Clause” shall mean an agreement between the parties to resolve their dispute through conciliation or conducting conciliation proceedings and its associated administrative services through AAMH, which has been agreed by the parties either prior or post the occurrence of the dispute: (i) in writing, as a clause which is a part of the main contract between the parties or as a separate agreement; or (jj) “AAMH Mediation Clause” shall mean an agreement between the parties to resolve their dispute through mediation or conducting mediation proceedings and its associated administrative services through AAMH, which has been agreed by the parties either prior or post the occurrence of the dispute: (i) in writing, as a clause which is a part of the main contract between the parties or as a separate agreement; or (kk) “Statement of Claim” shall mean a statement from the Claimant containing the following: (i) A statement of fact supporting the claim; (ii) The grounds or arguments (if any) supporting the claim; (iii) The relief(s) claimed along with the amount of claim, if ascertainable. (ll) “Statement of Defense” shall mean a statement from the Respondent(s) containing the full defense to the Statement of Claim, which shall include: (i) a statement of facts and contentions supporting such defense; (ii) The relief(s) claimed, if any; 2.2. In the AAMH Rules, unless a contrary intention appears: (a) “law” shall mean, applicable, constitution, statute, law, rule, regulation, ordinance, judgement, order, decree, authorisation, or any published directive, guideline, notice, requirement or governmental restriction, having the force of law in any jurisdiction;

Aasra ADR Institute AAMH ADR Rules 8 (b) “person” includes an individual, corporation, partnership, joint venture, association of persons, trust, unincorporated organisation, government (central, state or otherwise), sovereign state, or any agency, department, authority or political subdivision thereof, international organisation, agency or authority (in each case, whether or not having separate legal personality) and shall include their respective successors and assigns and in case of an individual shall include his legal representatives, administrators, executors and heirs and in case of a trust shall include the trustee or the trustees for the time being. (c) the terms “hereof”, “herein”, “hereby”, “hereto” and derivatives or similar words refer to this entire AAMH Rules; (d) reference to a gender shall include references to the female, male and neuter gender; (e) reference to a law or a provision of law is a reference to that law or that provision of law as amended or re-enacted from time to time; (f) the singular includes the plural (and vice versa); (g) the headings in the AAMH Rules are inserted for convenience of reference only and are to be ignored in construing and interpreting the AAMH Rules; (h) reference to the words “include” or “including” shall be construed without limitation; (i) reference to “signature” under the AAMH Rules shall include electronic signature under the Information Technology Act, 2000, as amended from time to time. (j) reference to arbitration proceedings under AAMH Rules shall include ‘international commercial arbitration’ as defined in the Arbitration Act; (k) a time of day is a reference to Indian Standard Time. (l) reference of any number of days shall mean such number of days (other than a Saturday or Sunday) where AAMH is open for its ordinary business activities. (m) any reference to AAMH Rules shall include rules, guidelines, code of conduct, protocols, terms and conditions, policies, annexures etc. (n) words and abbreviations which have well known technical, trade or commercial meaning, are used in these AAMH Rules in accordance with such meaning; (o) reference to any article, clause, annexure or schedule means an article or clause of, or an annexure or schedule to the AAMH Rules.

Aasra ADR Institute AAMH ADR Rules 9 Part II – Arbitration Rules 3. Scope of Application 3.1. Insofar as these Rules are silent on any matter concerning the arbitral proceedings and the parties have not agreed otherwise, the arbitral tribunal shall conduct the arbitral proceedings in the manner it considers appropriate, in accordance with the general principles of these Rules. 3.2. In the event of any dispute regarding the meaning of these Rules, the arbitral tribunal shall interpret them according to their purpose and in the manner most appropriate for the particular arbitration 4. Means of giving notice and calculations of periods of time 4.1. A notice including a notification, communication or proposal, may be transmitted by any means of communication that provides or allows for a record of its transmission. 4.2. A notice transmitted by electronic means is deemed to have been received on the day it is delivered, and such time shall be determined in accordance with the addressee’s time zone. 4.3. Notice of request for arbitration through AAMH. (a) The claimant initiating the arbitration shall give a notice of request to AAMH, and AAMH shall facilitate and communicate the intention requesting respondent for arbitration and thereby invoking arbitration agreement / clause. (b) The arbitral proceedings shall commence on the date on which the notice of request for arbitration is received by the respondent. (c) A notice of request for arbitration shall include the following:- (i) A request that the dispute be referred to arbitration; (ii) The names and addresses of the parties to the dispute; (iii) A reference to the contract out of or in relation to which the dispute has arisen; (iv) A reference to the arbitration clause or arbitration agreement or communication intending arbitration relied upon; (v) The general nature of the claim and where the claim is or can be quantified in terms of money, the amount of the claim; or The general nature of the dispute and where the dispute is or can be adjudicated in terms of resolution; (vi) The relief or remedy sought; (vii) The preferred number of arbitrators, if not already agreed upon.

Aasra ADR Institute AAMH ADR Rules 10 4.4. For the purpose of calculating a period of time under these Rules, such period shall begin to run on the day following the day when a notice is deemed to have been received. If the last day of such period is an official holiday or a non-business day at the residence or place of business of the addressee, the period is extended until the first business day which follows. Official holidays or non-business days occurring during the running of the period of time are included in calculating the period. 5. Commencement of Arbitration 5.1. Arbitration proceedings under the AAMH Rules shall commence: (a) in case the parties have an existing AAMH Arbitration Clause, then in accordance with Rule 5.2; (b) in case the parties do not have an existing AAMH Arbitration Clause, then in accordance with Rule 5.3.; (c) on receipt of an order of court referring the parties to an arbitration. 5.2. Any party to an existing AAMH Arbitration Clause may initiate an arbitration proceeding by sending a mail to ……………………………..: (a) Full name and contact details of the parties to arbitration (including full address of both parties, email addresses (optional) and registered mobile numbers). (b) Copy of Pre-Arbitration Invocation Notice: It needs to be in consonance with section 21 of the Arbitration and Conciliation Act, 1996. The notice of arbitration shall include the following: (a) A demand that the dispute and /or claim be referred to arbitration; (b) The names and contact details of the parties and their designated representatives, if any; (c) Identification of the arbitration agreement that is invoked; (d) Identification of any contract or other legal instrument out of or in relation to which the dispute arises or, in the absence of such contract or instrument, a brief description of the relevant relationship; (e) A brief description of the claim and an indication of the amount involved, if any; (f) A broad description of the relief or remedy sought; and (g) A proposal as to the number of arbitrators, language and place of arbitration, if the parties have not previously agreed thereon. A party can take assistance of AAMH Platform for facilitating the delivery of this notice. The constitution of the arbitral tribunal shall not be hindered by any controversy with respect to the sufficiency of the notice of arbitration, which shall be finally resolved by the arbitral tribunal. (c) Any agreement or contract out of or in connection with which the dispute has arisen; (d) Statement of Claim (along with supporting documents and Declaration); (e) Such other documents and information relevant to the dispute, as deemed fit by Claimant.

Aasra ADR Institute AAMH ADR Rules 11 5.3. Any party which has not previously agreed to a AAMH Arbitration Clause may initiate an arbitration proceeding by sending mail to ................................................. and inviting the other party to resolve the dispute through arbitration under AAMH Rules, in the following manner: (a) Such party may send an Invitation to Arbitration to the other party which should contain the following: (i) Request to refer the dispute and / or claim to arbitration in accordance with AAMH Rules; (ii) A statement briefly describing the nature and circumstances of the dispute; (iii) Timeframe to accept the Invitation to Arbitration (if required); otherwise it shall be within 7 (seven) days. (iv) Such other documents and information relevant to the dispute and / or claim, as deemed fit by Claimant. (b) If the other party accepts the Invitation to Arbitration within 7 (seven) days from the date of the receipt of the Invitation to Arbitration or within the time frame mentioned in the Invitation to Arbitration, then: (i) it will amount to a AAMH Arbitration Clause between the parties and the other party would be required to register themselves by sending mail to .................................................; (ii) in case the Invitation to Arbitration does not amount to or include a Pre-Arbitration Notice, such Pre-Arbitration Notice shall be served on the other party by the inviting party within 7 (seven) days from the other party accepting the Invitation to Arbitration; (iii) such Claimant shall provide the following document to initiate the arbitration proceedings under AAMH Rules: a. Full name and contact details of the parties to arbitration (including full address of both parties, email addresses (optional) and registered mobile numbers); b. A copy of Pre-Arbitration Notice (if served separately in accordance with sub-clause (ii) above); c. Any agreement or contract out of or in connection with which the dispute has arisen; d. Statement of Claim (along with supporting documents); e. Such other documents and information relevant to the dispute, as deemed fit by Claimant. (c) If the other party does not accept or fails to respond to the Invitation to Arbitration within 7 (seven) days’ time from the date of receipt of such invitation, (as mentioned in clause 5.3. (b) above), the proceedings shall commence in the normal course as per the AAMH Rules.

Aasra ADR Institute AAMH ADR Rules 12 (d) If for whatever reason, the inviting party decides to close the proceedings, upon the instructions of the inviting party, AAMH may close the proceedings. In occurrence of such an event, AAMH shall be legally bound to recover all the cost from the inviting party to the extent of services provided. 5.4. If any Court makes an order directing that an arbitration be held under AAMH Rules, in addition to the documents listed in clause 5.2, the Claimant shall file such order of that Court or a copy thereof. 5.5. AAMH shall send an Arbitration Notification to all the parties to the arbitration. 5.6. In case one party to AAMH Arbitration Clause has filed suit in any court with respect to the same subject matter, then upon request by the other party to AAMH Arbitration Clause the arbitration proceedings in accordance with AAMH Rules shall continue by recording any objections as to jurisdiction by the party who has initiated such suit. The party seeking to continue with the arbitration proceedings under AAMH Rules, if served in such suit, shall file necessary application(s) to appraise the court. 5.7. In the event that Claimant fails to provide any information or comply with any of the requirements referred hereinabove, the Case Manager may fix a time not exceeding 30 (thirty) days from receipt of Letter of Request by AAMH within which the Claimant must comply, failing which the file shall be closed without prejudice to the Claimant’s right to resubmit the same Claim at a later date in another Letter of Request. 5.8. If any information or particulars furnished by Claimant for arbitration is found to be incorrect or false, at any time subsequently, AAMH shall have the power to reject the application for arbitration. 6. Appointment of Case Manager and Pre-Arbitration Call 6.1. AAMH may appoint a Case Manager within 3 (three) days from the date of receipt of intimation to AAMH, through a written communication (either letter or email) and shall notify all the parties to the dispute of the appointment of a Case Manager. 6.2. Case Manager shall conduct a Pre-Arbitration Call with the parties within 7 (seven) days from the appointment of such Case Manager to explain the procedure of the arbitration proceedings under the AAMH Rules, details of the constitution of the Arbitral Tribunal, factual details of the dispute, and timeline to submit the written submissions and documents as prescribed under AAMH Rules. 7. Constitution of Arbitral Tribunal 7.1. Unless otherwise agreed by the parties to arbitration, a sole Arbitrator shall be appointed by AAMH to constitute the Arbitral Tribunal within 5 (five) days from the completion of the Pre-Arbitration Notice Period and such constitution of Arbitral Tribunal shall be notified to the parties forthwith. 7.2. In case the parties have agreed for appointment of more than one Arbitrator to constitute the Arbitral Tribunal, AAMH shall appoint such number of arbitrators as agreed by the parties within 5 (five) days from the completion of the Pre-Arbitration Notice Period and such constitution of Arbitral Tribunal shall be notified to the parties forthwith.

Aasra ADR Institute AAMH ADR Rules 13 8. Appointment of Arbitrators 8.1. Unless otherwise agreed by the parties, a person of any nationality may be an Arbitrator. 8.2. Where the arbitration agreement provides that each party shall appoint one Arbitrator, and the two appointed arbitrators shall appoint the presiding Arbitrator, and- (a) A party fails to appoint an Arbitrator within 30 (thirty) days from the receipt of a request to do so from the other party; or (b) The appointed arbitrators fail to agree on the presiding Arbitrator within 30 (thirty) days from the date of their appointment, the appointment shall be made, upon request of a party, by the AAMH within a period of 15 (fifteen) days upon such request. 8.3. In an arbitration with a sole Arbitrator, if the parties fail to agree on the Arbitrator within 30 (thirty) days from receipt of a request by one party from the other party to so agree, the appointment shall be made, upon request of a party, by AAMH within a period of 15 (fifteen) days upon such request. 8.4. A decision by the AAMH on a matter entrusted to it by sub-rule (2) or sub rule (3) will be final and binding on the parties. 8.5. Upon receipt of a request under sub-clause (a) of sub-rule (2) or sub-rule (3), AAMH will follow the procedure specified herein and – (a) make the appointment as promptly as possible, (b) have regard to – (i) any qualifications required of the Arbitrator by the agreement of the parties; (ii) such considerations as are likely to secure the appointment of an independent and impartial Arbitrator; and (iii) in the case of appointment of a sole or presiding Arbitrator in an international commercial arbitration, the advisability of appointing a person of a nationality other than the nationalities of the parties; 8.6. A substitute Arbitrator will be appointed in the same manner in which his predecessor had been appointed. 8.7. AAMH, before appointing a person as Arbitrator or the presiding Arbitrator, will obtain a declaration in writing, in the Form specified in Annexure III, from such person that– (a) his appointment is as per the Arbitration Act, and (b) where any qualifications are required of an Arbitrator by the agreement of the parties, he possesses those qualifications.

Aasra ADR Institute AAMH ADR Rules 14 8.8. All arbitrators shall be appointed by AAMH from the Panel developed by AAMH manually through AAMH Administration that takes into account the following parameters of the Arbitrator. (a) Experience; (b) Subject matter expertise; (c) Language; (d) Training; (e) Availability; (f) Number of Arbitrations Completed at AAMH; (g) Number of Award appealed under Rule 25; and (h) Compliance to timelines in arbitration. 9. Competence of arbitral tribunal to rule on its jurisdiction 9.1. The arbitral tribunal may rule on its own jurisdiction, including ruling on any objections with respect to the existence or validity of the arbitration agreement, and for that purpose — (a) An arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract; and (b) A decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure the invalidity of the arbitration clause. 9.2. A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defence; however, a party shall not be precluded from raising such plea merely because he has appointed, or participated in the appointment of, an Arbitrator. 9.3. A plea that the arbitral tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings. 9.4. The arbitral tribunal may, in either of the cases referred to in sub-rule (2) or sub-rule (3), admit a later plea if it considers the delay justified. 9.5. The arbitral tribunal shall decide on the plea referred to in sub-rule (2) or sub rule (3) and, where the arbitral tribunal takes a decision rejecting the plea, continue with the arbitral proceedings and make an arbitral award. 9.6. Equal treatment of parties. The parties shall be treated with equality and each party shall be given due opportunity to present his case. 9.7. Determination of rules of procedure. (a) Subject to these rules, the arbitral tribunal may conduct its proceedings in the manner it considers appropriate. (b) The power of the arbitral tribunal under sub-rule (1) includes the power to determine the admissibility, relevance, materiality and weight of any evidence.

Aasra ADR Institute AAMH ADR Rules 15 9.8. Place of arbitration. (a) The place of arbitration shall be Mumbai or such other place where any of the place as the parties may agree. (b) Provided that failing any agreement between the parties, the place of arbitration shall be determined by the arbitral tribunal having regard to the circumstances of the case, including convenience of the parties. (c) The arbitral tribunal may, after consulting with AAMH, meet at any place it considers appropriate for consultation among its members, for hearing witnesses, experts or the parties, or for inspection of documents, goods or other property. 9.9. Language. (a) Where the arbitration agreement does not provide for the language to be used in the arbitral proceedings, the arbitral tribunal shall determine the language or languages to be used in the arbitral proceedings. (b) The agreement or determination, unless otherwise specified, shall apply to any written statement by a party, any hearing and any arbitral award, decision or other communication by the arbitral tribunal. (c) The arbitral tribunal may order that any documentary evidence shall be accompanied by a translation into the language agreed upon by the parties or determined by the arbitral tribunal. 10. Administrative Assistance under Ad-Hoc Arbitration 10.1. Nothing in the AAMH Rules, shall prevent parties to a dispute or arbitration agreement from naming AAMH as the appointing authority in an ad-hoc arbitration, without subjecting the arbitration to the provisions contained in the AAMH Rules. In such circumstances, AAMH may in its discretion act as the appointing authority in accordance with the parties’ agreement and provide the online platform for the facilitation of the arbitration. The party requesting the appointment shall pay the appointment fees in force at the time of such request. The process will be the discretion of the Arbitrator according to section 19 of the Arbitration and Conciliation Act, 1996 (as mended). 11. Declaration by Appointed Arbitrator 11.1. A declaration in accordance with Section 12 read with Fifth Schedule, Sixth Schedule and Seventh Schedule of the Arbitration Act shall be made by the Arbitrator appointed by AAMH in relation to his independence, impartiality and competence within 3 (three) days from such appointment. 12. Challenge of Arbitrators 12.1. Any Arbitrator appointed by AAMH may be challenged by either parties if circumstances exist that give rise to justifiable doubts as to the Arbitrator’s impartiality or independence, or if the Arbitrator becomes de jure or de facto unable to fulfil their functions or is not fulfilling those functions in accordance with the AAMH Rules or within the prescribed time limits.

Aasra ADR Institute AAMH ADR Rules 16 12.2. Any Arbitrator appointed by AAMH shall not be challenged by either party on the ground that he/she has been appointed by AAMH. 12.3. Any party to arbitration may challenge the appointment of Arbitrator(s) on the grounds described above 12.1 or provided in the Arbitration Act. Such challenge to the Arbitrator must be made within 7 (seven) days of the declaration(s) being made by the Arbitrator and must provide for the grounds of challenge and should be submitted to the AAMH Administration in writing via email to .................................................. 12.4. When an Arbitrator is challenged by any party, within 10 (ten) days from the receipt of such challenge of Arbitrator by AAMH: (a) the other parties may agree to such challenge and may mutually request for any other DRP to act as the Arbitrator from the Panel, in which case AAMH may appoint such Arbitrator to the Arbitral Tribunal; (b) the other parties may agree to such challenge but may be unable to mutually agree on a new Arbitrator as per Rule 12.3 above, in which case either one or all parties to arbitration can request for a specific Arbitrator from the Panel and the final discretion of the Arbitrator appointment shall lie with AAMH; (c) the challenged Arbitrator may also choose to voluntarily withdraw as an Arbitrator from such Arbitrator, in which case AAMH will appoint a new Arbitrator from the Panel; Provided that in none of the situations mentioned in Rule 12.2 & 12.3, the change of Arbitrator should be deemed to be acceptance of any ground of challenge to the Arbitrator raised by any party; (d) Unless the arbitrator challenged under rule 10.2 withdraws from his office, or the other party agrees to the challenge, the arbitral tribunal shall decide on the challenge; (e) If challenge under rule 12.3 is not successful, the arbitral tribunal shall continue the arbitral proceedings and make an arbitral award. 12.5. Upon challenge to an Arbitrator by any party, in case none of the events provided in Rule 12.3 occur within 3 (three) days from the receipt of challenge of Arbitrator by AAMH, AAMH shall refer such challenge to the DRP Review Committee. 12.6. Within three 3 (three) days from the reference of such challenge to the DRP Review Committee, the DRP Review Committee may: (a) Decide to continue with the same Arbitrator, in case it finds no merit in such challenge; or (b) Decide to change the Arbitrator, in which case it shall appoint a new Arbitrator from the Panel. 12.7. The decision of the DRP Review Committee shall be final and binding on all parties to arbitration.

Aasra ADR Institute AAMH ADR Rules 17 12.8. Failure or impossibility to act. (a) the mandate of an Arbitrator shall terminate if – (i) he becomes de jure or de facto unable to perform his functions or for other reasons fails to act without undue delay; and (ii) he withdraws from his office or the parties agree to the termination of his mandate. (b) If, under this rule or rule 12.4 (e), an Arbitrator withdraws from his office or a party agrees to the termination of the mandate of an Arbitrator, it shall not imply acceptance of the validity of any ground referred to in this rule or rule 12.1. 12.9. In case of death of the appointed Arbitrator or due to impossibility for such appointed Arbitrator to act, AAMH shall have the sole discretion to appoint a new Arbitrator from the Panel and such newly appointed Arbitrator, as far as arbitration proceedings have taken place, will continue proceedings from thereon and any action taken prior to such replacement will not be affected. 12.10. Termination of mandate and substitution of Arbitrator. (a) In addition to the circumstances referred to in rule 9 or rule 10, the mandate of an Arbitrator shall terminate- (i) where he withdraws from office for any reason; or (ii) by or pursuant to agreement of the parties. (b) Where the mandate of an Arbitrator terminates, a substitute Arbitrator shall be appointed in the same manner in which his predecessor had been appointed. (c) Where an Arbitrator is replaced under sub-rule (b), any hearings previously held may be repeated at the discretion of the arbitral tribunal. (d) An order or ruling of the arbitral tribunal made prior to the replacement of an Arbitrator shall not be invalid solely because there has been a change in the composition of the arbitral tribunal. 13. Date of Commencement of Arbitral Proceedings 13.1. The Arbitral Tribunal shall be deemed to have entered on the reference on the 5 th day from which the Arbitrator was appointed. 14. Interim measures ordered by arbitral tribunal 14.1. The Arbitral Tribunal may, at the request of a party to the arbitration under AAMH Rules and as it deems appropriate, issue an order grating an injunction or any other interim relief as provided under section 9 and under section 17 of the Arbitration and Conciliation Act, 1996 (as amended). 14.2. A party may, in case the Arbitral Tribunal has no power or is unable for the time being to act effectively, apply to any Court for interim or conservatory relief.

Aasra ADR Institute AAMH ADR Rules 18 14.3. Any application and any order for such interim measure after the formation of the Arbitral Tribunal shall be promptly communicated by the applicant to the Arbitral Tribunal, AAMH and to all other parties in writing or mail to .................................................. 15. Emergency Arbitration 15.1. In cases of exceptional urgency, a party seeking emergency interim relief may apply on the AAMH in writing or mail to ................................................. , seeking appointment of an emergency Arbitrator. Such request may be concurrent with the filing of the Letter of Request to arbitrate or prior to the constitution of the Arbitral Tribunal. The request for appointment of an emergency Arbitrator and urgent interim reliefs shall include: (a) a brief description of the facts and circumstances giving rise to the need for emergency relief along with supporting reasons/ grounds thereof; (b) the nature of relief sought; (c) confirmation that a copy of the request for appointment of emergency Arbitrator has been sent to all other parties to arbitration under AAMH Rules; (d) a confirmation that the prescribed fees as per the ‘Fee Schedule’ provided in Annexure V has been paid (or) an undertaking that it will be paid within 7 (seven) days of appointment of the emergency Arbitrator. 15.2. The fees paid by a party towards the appointment of an emergency Arbitrator under the AAMH Rules shall be non-refundable. 15.3. AAMH shall determine the application/ request for appointment of an emergency Arbitrator within 1 (one) day of such request, and if granted, appoint an emergency Arbitrator from the Panel within 1 (one) day of granting such request. 15.4. The emergency Arbitrator shall be bound by the rules pertaining to disclosures/ declarations, as prescribed under the AAMH Rules for all arbitrators. 15.5. All hearings by the emergency Arbitrator shall be arranged by AAMH, unless requested otherwise by the party seeking the appointment of the emergency Arbitrator. In case the party seeking appointment of emergency Arbitrator requests for offline in- person hearing, the other party shall decide if they agree to conduct the offline in- person hearing. 15.6. In case of any disagreement between the parties regarding the conduct of the offline in-person hearing regarding emergency relief, the emergency Arbitrator so appointed shall decide the same and the decision of the emergency Arbitrator shall be final and binding. 15.7. The emergency Arbitrator shall fix a schedule for the consideration of the emergency application and interim reliefs within 2 (two) days of their appointment and shall ensure a reasonable opportunity of being heard to all the parties before granting any urgent, interim or conservatory measures and proceed to make an order by giving reasons.

Aasra ADR Institute AAMH ADR Rules 19 15.8. The emergency Arbitrator shall pass the Award or order interim reliefs as he/ she finds suitable within a period of 14 (fourteen) days from the date of appointment of such emergency Arbitrator. Provided that in exceptional circumstances, upon request by the emergency Arbitrator or the parties to arbitration under AAMH Rules, AAMH may grant an exception of additional 10 (ten) days. 15.9. An emergency Arbitrator may not be a constituent of any Arbitral Tribunal in any future arbitration under AAMH Rules relating to the dispute, unless agreed by all the parties to the dispute. 15.10. If the Arbitral Tribunal is not constituted under the AAMH Rules, any order or Award made by an emergency Arbitrator shall cease to be binding upon after 60 (sixty) days from the date of such Award. 16. Fast Track Arbitration 16.1. Any party to a dispute may commence Fast Track Arbitration under AAMH Rules if the parties have agreed in writing to refer the disputes to Fast Track Arbitration under AAMH Rules. Such commencement of Fast Track Arbitration shall be in accordance with the process laid down in Rule 5.2 above and in such case, any reference to ‘arbitration’ shall mean ‘Fast Track Arbitration’. 16.2. In case the anticipated claim amount in any dispute does not exceed the amount of INR ten Crores (10,00,00,000), any party to such dispute may commence Fast Track Arbitration in accordance with the process laid down in Rule 5.3 above. In such case, any reference to ‘arbitration’ under Rule 5.3 shall mean ‘Fast Track Arbitration’. 16.3. Notwithstanding any agreement to the contrary contained in the AAMH ADR Clause, all disputes under Fast Track Arbitration shall be: (a) referred to a sole arbitrator. (b) determined on the basis of written pleadings, written arguments/submissions, documents and evidence filed by parties on pre-agreed dates that are made known to the parties by the arbitrator. (c) determined without any oral hearings, unless the parties expressly request for it or when the Arbitral Tribunal considers it necessary for clarifying any issue(s). (d) concluded (including the issuance of arbitral award) within three months from the date of constitution of the Arbitral Tribunal. 16.4. All parties shall mail the the necessary documents and evidence, as they deem fit, or as required by the Arbitral Tribunal to .................................................. 16.5. The Arbitral Tribunal shall declare the Fast Track Arbitration closed when it is satisfied that the parties have had adequate opportunity to present submissions and evidence and shall reserve the matter for issuance of the Award on the date decided by the Arbitral Tribunal.

Aasra ADR Institute AAMH ADR Rules 20 17. Statement of Claim 17.1. Within 30 (thirty) days of the constitution of the arbitral tribunal, the claimant shall send to the arbitral tribunal and the respondent a statement of the facts supporting his claim, the points at issue and the relief or remedy sought, and the respondent shall, within 30 (thirty) days after receipt of statement of claim, send to the arbitral tribunal and the claimant – (a) his/her statement of defence in respect of these particulars; (b) a statement of facts supporting his counter claim or a plea for set-off, if any, the points at issue and the relief or remedy sought; 17.2. Nothing in the clause 17.1 shall restrict the claimant or respondent from seeking one time extension proving sufficient cause, from the arbitral tribunal before expiry of such period of time but not beyond maximum period of 45 (forty five) days, provide such extension application is filed before 7 (seven) days of expiry. 17.3. Within 30 (thirty) days of the receipt of statement of defence of the respondent and of the statement referred to in clause (b) of sub-rule (1), the claimant shall send to the arbitral tribunal and the respondent his/her/their rejoinder to the AAMHd statement of defence and his statement of defence to the counter claim or plea for set-off. 17.4. Nothing in the clause 17.3 shall restrict the claimant from seeking one time extension proving sufficient cause, from the arbitral tribunal before expiry of such period of time but not beyond maximum period of 30 (thirty) days, provide such extension application is filed before 7 (seven) days of expiry. 17.5. Within 15 (fifteen) days of the receipt of statement of defence to the counter claim, the respondent shall send to the arbitral tribunal and the claimant his/her/their rejoinder to the AAMHd statement. 17.6. Nothing in the clause 17.1 shall restrict the respondent from seeking one time extension proving sufficient cause, from the arbitral tribunal upon expiry of such period of time but not beyond maximum period of 30 (thirty) days, provide such extension application is filed before 7 (seven) days of expiry. 17.7. The parties may submit with their statements all documents they consider to be relevant or may add a reference to the documents or other evidence they will submit. 17.8. Either party may amend or supplement his claim or defence during the course of the arbitral proceedings, unless the arbitral tribunal considers it inappropriate to allow the amendment or supplement having regard to the delay in making if any by written application. 18. Hearings and written proceedings 18.1. The arbitral tribunal may hold a pre-hearing proceeding – (a) to discuss with the parties the procedure to be followed in the arbitration, (b) to fix or determine any periods of time referred to in these rules, (c) to discuss hearing dates, and

Aasra ADR Institute AAMH ADR Rules 21 (d) to determine any other matter required or permitted under these rules to help to ensure the efficient progress of the arbitral proceedings. 18.2. The arbitral tribunal will decide whether to hold oral hearing for the presentation of evidence or for oral argument, or whether the proceedings shall be conducted on the basis of documents and other materials: Provided that the arbitral tribunal will hold oral hearing, at an appropriate stage of the proceedings, on a request by a party, unless the parties have agreed that no oral hearing shall be held. Provided further that the arbitral tribunal shall, as far as possible, hold oral hearings for the presentation of evidence or for oral argument on day-to-day basis, and not grant any adjournments unless sufficient cause is made out, and may impose costs including exemplary costs on the party seeking adjournment without any sufficient cause. 18.3. The parties shall be given sufficient advance notice of any hearing and of any meeting of the arbitral tribunal for the purposes of inspection of documents, goods or other property. 18.4. All statements, documents or other information supplied to, or applications made to the arbitral tribunal by one party, shall be communicated to the other party, and any expert report or evidentiary document on which the arbitral tribunal may rely in making its decision shall be communicated to the parties. 18.5. If a party intends to give evidence through a witness, he shall, within the time determined by the arbitral tribunal, communicate to the tribunal and to the other party: (a) The names and addresses of the witnesses he intends to present, and (b) The subject upon which, and the language in which, those witnesses will give their testimony. 18.6. The arbitral tribunal shall make arrangements for the translation of oral statements made at a hearing and for a record of the hearing if – (a) either is deemed necessary by the tribunal under the circumstances of the case, or (b) the parties have agreed to it and have communicated such agreement to the tribunal at least 30 (thirty) days before the hearing. 19. Default of a party 19.1. Where, without showing sufficient cause, (a) the claimant fails to communicate his statement of claim in accordance with sub-rule (1) of rule 17, the arbitral tribunal shall terminate the proceedings; (b) the respondent fails to communicate his statement of defence or the claimant fails to communicate his defence to the counter-claim in accordance with rule 14, the arbitral tribunal shall continue the proceedings without treating that failure in itself as an admission of the allegations made in the statement of claim or of counterclaim as the case may be and shall have the discretion to

Aasra ADR Institute AAMH ADR Rules 22 treat the right of the respondent or, as the case may be, of the claimant to file such statement of defence or counterclaim as having been forfeited. (c) a party fails to appear at an oral hearing or to produce witness or documentary evidence, the arbitral tribunal may continue the proceedings and make the arbitral award on the evidence before it. 19.2. Claimant must present and mail the Statement of Claim, documents and evidence (declaration with signature) on ................................................. within 3 (three) days from the date of commencement of arbitral proceedings and the Arbitral Tribunal or Case Manager shall send a copy of the Statement of Claim and other attached documents submitted by the Claimant to the Respondent(s). 19.3. In case the Claimant fails to submit the Statement of Claim within the prescribed timeline prescribed, the Arbitral Tribunal may terminate the arbitral proceedings in case or give any other order as it may deem appropriate. 20. Statement of Defense and Counter-Claim 20.1. Upon receipt of the Statement of Claim, the Respondent shall, within 30 (thirty) days from the date of commencement of arbitral proceedings or 30 (thirty) days from the receipt of Statement of Claim (whichever is later), present and mail the Statement of Defense, documents and evidence (declaration with Signature) on ................................................. and the Arbitral Tribunal or Case Manager shall send a copy of the Statement of Defense and other attached documents uploaded by the Respondent to the Claimant(s). 20.2. Nothing in the clause 20.1 shall restrict the respondent from seeking one time extension proving sufficient cause, from the arbitral tribunal upon expiry of such period of time but not beyond maximum period of 30 (thirty) days, provide such extension application is filed before 7 (seven) days of expiry. 20.3. Along with the Statement of Defense, the Respondent may also file counter claim(s), if any, against the Claimant, provided the counter claim arises under the same transaction as the original claim along with full details supported by all documents and information within 30 (thirty) days from the date of commencement of arbitral proceedings or 30 (thirty) days from the receipt of Statement of Claim (whichever is later). 20.4. Nothing in the clause 20.3 shall restrict the respondent from seeking one time extension proving sufficient cause, from the arbitral tribunal upon expiry of such period of time but not beyond maximum period of 30 (thirty) days, provide such extension application is filed before 7 (seven) days of expiry. 20.5. If the Respondent fails to file the Statement of Defense within the timeline prescribed in Rule 20.3, the Arbitral Tribunal may continue to proceed with arbitration and may waive such party’s right to furnish Statement of Defense. 20.6. Claimant shall have the right to submit rejoinder or reply to counter claim with the prior permission of the Arbitral Tribunal within 30 (thirty) days in addition that is stated in Rule 17.3, provided the Claimant has sufficient cause to prove the delay in filing such rejoinder, from the date of receipt of Statement of Defense or counter claim(s) and Arbitral Tribunal shall share such rejoinder / reply to counter-claim to the Respondent.

Aasra ADR Institute AAMH ADR Rules 23 20.7. The Arbitral Tribunal appointed to adjudicate upon the original claim will also adjudicate upon the counter-claim and there will be no change in the number of members of Arbitral Tribunal already constituted on the basis of original claim. 21. Amendments to Pleadings 21.1. Any party to the arbitration may amend, supplement or modify their respective Pleadings, with the prior permission from the Arbitral Tribunal. 21.2. The Arbitral Tribunal may allow such parties requesting to amend, supplement or modify their respective Pleadings unless delay causes due to such amendment, supplemental or modified Pleadings would cause irreparable prejudice to the other parties. 21.3. The submission of all the Pleadings (including any amendment, supplement or modification) shall be in conformity with AAMH Rules and within the timeline prescribed by the AAMH Rules unless decided otherwise by the Arbitral Tribunal. 22. Further Pleadings 22.1. The Arbitral Tribunal may decide, in its sole discretion, whether any additional Pleadings shall be required from the parties or if the same may be presented by them. 22.2. The Arbitral Tribunal shall fix the periods of time for presenting such additional Pleadings. The Tribunal may further limit the length and scope of such additional Pleadings and witness statements/evidence (including fact witnesses and experts). 23. Presentation of Witness 23.1. The Arbitral Tribunal may, prior to any oral hearing, require any party to give written notice of any witness (including expert witness) that any party wishes to produce before the Arbitral Tribunal, which shall include: (a) The identity of the witness; (b) Relevance to the issue. 23.2. All costs and fees the expenditure shall be incurred by the party producing the witness, in case the witness being produced before the Arbitral Tribunal, under Rule 20.1., above, is an expert witness. 23.3. Such witness may tender evidence by way of a duly affirmed statement, mailed to ................................................. by the party intending to produce the AAMHd witness. 23.4. The Arbitral Tribunal shall be at liberty to determine the manner in which witnesses may be examined, and may direct that the testimony of any witness be presented in such form as they may prescribe. 24. Expert appointed by Arbitral Tribunal 24.1. The Arbitral Tribunal may, following consultation with the parties, appoint an expert to report on specific issues which shall be set out in writing and require a party to give such expert any relevant information or to produce / provide any relevant document, as it deems fit.

Aasra ADR Institute AAMH ADR Rules 24 24.2. Any such expert appointed by the Arbitral Tribunal pursuant to clause 20.1 above shall mail the report of their findings in writing to ................................................. which shall be shared to all the parties. 24.3. The Arbitral Tribunal may decide to allow parties to file written responses to such reports submitted by such experts, in a form and manner and within the timeline as deemed fit by the Arbitral Tribunal. 24.4. The Arbitral Tribunal may decide, it if considers necessary, to request such witness to participate in any hearing. 24.5. Unless decided otherwise by the Arbitral Tribunal, each party shall bear equal cost regarding such expert witness appointed by the Arbitral Tribunal. 25. Evidence 25.1. In arbitration proceedings under AAMH Rules, evidence will be taken on the declaration given on oath/self-certified and cross examination will be allowed only if the Arbitral Tribunal permits. 25.2. The Arbitral Tribunal shall have the sole right to determine the admissibility, relevance, materiality and weight of any evidence and shall not be bound by the Indian Evidence Act, 1872 or any other applicable law in this regard or by strict rules of evidence. 25.3. All evidence, documents or statements that the parties wish to produce before the Arbitral Tribunal shall be uploaded within the timelines stipulated in AAMH Rules or as decided by the Arbitral Tribunal. 25.4. The Arbitral Tribunal shall have the power to: (a) conduct such enquiries as may appear to be necessary or expedient; (b) order any party to produce to the Arbitral Tribunal and to the other parties for inspection and to supply copies of, any document in their possession, custody or control which the Arbitral Tribunal considers relevant to the case and material to its outcome. 26. Hearing 26.1. In arbitration proceedings under AAMH Rules, unless decided otherwise by the Arbitral Tribunal, the Arbitral Tribunal shall conduct hearings (if required) every day after submission/completion of the Pleadings. 26.2. The Arbitral Tribunal shall intimate all the parties to arbitration upon conclusion of all hearings and shall conclude the arbitral proceedings under AAMH Rules pending only the issuance of Award within the stipulated timeline. 26.3. If any party to the arbitration proceeding under AAMH Rules fails to appear at a hearing without showing sufficient cause for such failure, the Arbitral Tribunal may proceed with such arbitration and may pass the Award basis the Pleadings and evidence before it.

Aasra ADR Institute AAMH ADR Rules 25 26.4. All hearing in relation to arbitration proceedings under AAMH Rules and shall be private. Any recordings, transcripts, documents or other material in relation to the arbitration proceedings under AAMH Rules shall remain confidential. 26.5. All hearings by the Arbitrator shall be at the appointed time, date and venue, unless requested otherwise by any party to such arbitration proceedings. In case any party to arbitration proceedings under AAMH Rules requests for offline in-person hearing, the other party(ies) shall decide if they agree to conduct the offline in-person hearing and the party(ies) who will bear the cost of such offline in-person hearing. 26.6. In case of any disagreement between the parties regarding the conduct or fees of the offline in-person hearing in relation to the parties to arbitration proceedings under AAMH Rules, the Arbitral Tribunal shall decide the same and the decision of the Arbitral Tribunal shall be final and binding. 26.7. In the case the Arbitral Tribunal decides to conduct offline in-person hearing, the Arbitral Tribunal shall carry out the arbitration proceedings at the agreed place of arbitration and AAMH will receive the additional fees set forth by AAMH accordingly. 27. Adjournment 27.1. The Arbitral Tribunal shall conclude the arbitral proceedings within 12 [twelve] months from the date of commencement of arbitration. The Arbitral Tribunal shall not provide any adjournment in the proceedings unless provided herein. 27.2. The Arbitral Tribunal may, with reasons to be recorded in writing and communicated to all the parties to arbitral proceedings, grant adjournment if found to be justifiable in an exceptional, necessary and appropriate case, provided that: (a) the time for such adjournment shall in no case be more than twice the time limit prescribed for such action in the AAMH Rules; and (b) the arbitral proceedings shall be concluded within 12 (twelve) months with maximum extension period of additional 6 (six) months after expiry of 12 (twelve) months from the date of commencement of arbitration. 27.3. If the request for adjournment has arisen, then such application seeking adjournment supported by sufficient and cogent reasons and necessary documents, shall be mailed to ................................................., by 2 pm on the day preceding the due date of the action for which adjournment is sought, and the other Party must be immediately informed of such application seeking adjournment in writing by the Party making such request. 27.4. If the other party has any objection to the request the adjournment, he shall necessarily file such objection in writing within 24 (twenty-four) hours and inform AAMH. 27.5. The Arbitral Tribunal shall make a decision regarding the adjournment considering the facts and circumstances of the request, after giving due consideration to the views of the other party. 27.6. The Arbitral Tribunal may determine costs (if any), payable by the party seeking such adjournment.

Aasra ADR Institute AAMH ADR Rules 26 28. Timelines for grant of Award 28.1. The Award shall be made within 30 (thirty) days from the day when the Arbitral Tribunal intimates all the parties regarding conclusion of arbitral proceedings, unless, on reasonable grounds recorded in writing and communicated to all the parties, the Arbitral Tribunal extends such time period up to 15 (fifteen) days from the day when the Arbitral Tribunal intimates all the parties regarding conclusion of arbitral proceedings. The time for publication of Award shall exclude force- majeure situation not restricted to natural calamities, war, government restriction and policies, pandemic, etc. 28.2. In case the Award has not been made even in the extended time limit of up to 15 (fifteen) days (if granted by the Arbitral Tribunal), the time limit may be extended in exceptional circumstances, as deemed fit by the Arbitral Tribunal, and which shall not exceed the total time limit prescribed in section 29A of the Arbitration Act. 28.3. In case the Award has not been made within the extended time limit mentioned in Rule 29.2 above excluding force-majeure, then the arbitration proceedings would stand terminated, unless the time limit is extended by a Court as provided in section 29A of the Arbitration Act. 28.4. If the arbitration proceedings terminate due to expiry of the time period stipulates in this Rule, any party to such arbitral proceedings may make a request to AAMH for the constitution of a new Arbitral Tribunal in accordance with AAMH Rules and continue the proceedings from where it is terminated. 29. Making and contents of Arbitral Award 29.1. The Arbitral Tribunal shall make all decisions by majority, in case the Arbitral Tribunal consist of more than one Arbitrator. 29.2. The Award shall be made in writing and must be signed by all members of the Arbitral Tribunal. In case if any member of the Arbitral Tribunal is unable to sign the Additional Award for any reason whatsoever, then the Additional Award shall state such reason and such Additional Award shall be binding on all the parties as long as it is signed by majority of the arbitrators constituting the Arbitral Tribunal. 29.3. The Award shall state: (a) the grounds / reasons for the conclusion, unless agreed otherwise by the parties to the arbitral proceedings; (b) place of arbitration proceedings; (c) date of making of the Award; and (d) cost of the arbitration proceedings and the liability of the parties for such cost. 29.4. In case of any settlement between the parties to the arbitration proceedings under AAMH Rules, the Arbitral Tribunal may also issue an Award containing the terms of settlement and such Award shall clearly stipulate that it is pursuant to the mutual consent of the parties to such arbitration proceedings under AAMH Rules.

Aasra ADR Institute AAMH ADR Rules 27 29.5. The Award by the Arbitral Tribunal shall be mailed by AAMH to the parties concerned and AAMH shall send certified copies of the Award upon full settlement of the cost incurred as specified in the Award. 29.6. The Arbitral Tribunal shall be at liberty make separate Awards on multiple issues at different times during the arbitration proceedings under AAMH Rules. 30. Post-Award Remedies 30.1. Interpretation Either party may request that the Tribunal interpret the scope or meaning of the Tribunal’s award. (a) How to Apply Within 90 (ninety) days after receipt of the award, either party may file, with notice to the other parties, an application for interpretation of the award. The application should: (i) identify the award; (ii) indicate the date of the application; and (iii) detail the precise points in need of clarification (b) Procedure After receipt, the request will be transmitted to the Tribunal that rendered the award. The Tribunal will then generally fix a time limit for the parties to file observations on the request and determine the further procedure. The decision on interpretation must be rendered within 30 (thirty) days after receipt of the request and will become part of the award. 31. Correction 31.1. A party may request a decision to correct in the award any error in computation, any clerical or typographical error, or any error or omission of a similar nature within 30 (thirty) days after receipt of the award. The Tribunal may also make corrections on its own initiative during this time. (a) How to Apply Within 30 (thirty) days after receipt of the award, either party may file a request for correction of the award. The request should: (i) identify the award; (ii) indicate the date of the request; and (iii) detail the error that it seeks to correct.

Aasra ADR Institute AAMH ADR Rules 28 (b) Procedure As soon as the request is filed, the request is transmitted to the other party and to the Tribunal that rendered the award. The Tribunal then usually fixes a time limit for the parties to file observations on the request and determines the further procedure. Usually there is no need for the Tribunal to hold a hearing to consider the request. The decision on the request for correction becomes part of the award. 32. Additional Award 32.1. If a party believes that the Tribunal has omitted to decide a point in the award pertaining to any part of the claim which was left out and has not been considered in the Award, it may request an additional award by the same Tribunal. (a) How to Apply Within 30 (thirty)days after receipt of the termination order or the award, either party may file a request for an additional award from the Tribunal. The request must: (i) identify the award; (ii) indicate the date of the request; and (iii) detail the point in the award pertaining to any part of the claim which was left out and has not been considered in the Award (b) Procedure As soon as the request is filed, the request is transmitted to the other party and to the Tribunal that rendered the award. The Tribunal then usually fixes a time limit for the parties to file observations on the request and determines the further procedure. Usually there is no need for the Tribunal to hold a hearing to consider the request. If the arbitral tribunal considers the request for an award or additional award to be justified, it shall render or complete its award within 60 (sixty) days after the receipt of the request (if necessary, the Tribunal may extend this time period). The general provisions on awards shall apply to the additional award. 33. Appeal 33.1. The Appellate Tribunal can modify or reverse an award based on: (a) errors in application or interpretation of the applicable law; (b) manifest errors in appreciation of the facts, including the appreciation of relevant domestic law;

Aasra ADR Institute AAMH ADR Rules 29 (c) if parties reach a settlement post the issuance of the award (i) How to Apply Within 30 (thirty) days after receipt of the termination order or the award, either party may file a request for appeal from AAMH Administration. The request, in form of Memo of Appeal, must: a. identify the award; b. indicate the date of the request; and c. detail the manifest errors in appreciation of the facts, including the appreciation of relevant domestic law etc.; d. settlement terms, if any. (ii) Procedure The party filed for appeal is required to pay the applicable fees as decided from time to time by AAMH Administration. Subject to the request of the parties, the appellate bench will comprise of 1 (one) Arbitrator appointed by AAMH Administration. The award given by that Bench will be final and binding on both the parties subject to challenge under Section 34 of The Arbitration and Conciliation Act, 1996. The Appellate Bench decide the award within 2 months from the date of request or within an extended time which shall not be more than two months in case of any reasonable cause as approved by the AAMH Administration. 34. Termination of arbitration proceedings The arbitration proceedings under AAMH Rules shall stand terminated in line with section 32 of the Arbitration Act. 35. Place, Seat and Date of Arbitration 35.1. In case of international commercial arbitration, unless otherwise agreed by the parties to arbitration proceeding under AAMH Rules in writing, the place and seat of arbitration in proceedings shall be Mumbai, Maharashtra, India. 35.2. In case of domestic arbitration, unless otherwise agreed by the parties to arbitration proceeding under AAMH Rules in writing, the place and seat of arbitration in proceedings shall be the place where: (a) in case the defendant is an individual, such defendant at the time of initiation of arbitration proceedings, actually and voluntarily resides; or (b) in case the defendant is an incorporated entity, such defendant at the time of initiation of dispute has the registered office. 35.3. The date of the Award shall be the date on which such Award is signed by the Arbitrator.

Aasra ADR Institute AAMH ADR Rules 30 36. Finality of the Arbitral Award The Award passed in accordance with the AAMH Rules and the procedure described therein shall be binding on the parties to such arbitration proceedings and the person claiming the relief from such Award. 37. Conduct of proceedings The arbitral tribunal shall conduct the proceedings so as to avoid unnecessary delay and expense and to provide a fair and efficient process for resolving the parties’ dispute. 38. Communication All communications to the arbitral tribunal by one party shall be simultaneously communicated by that party to all other parties and it shall confirm in writing to the arbitral tribunal that it has done so or is doing so. 39. Joinder of Parties 39.1. The arbitral tribunal may, at the request of any party, allow one or more third persons to be joined in the arbitration as a party provided such person is a party to the arbitration agreement, unless the arbitral tribunal finds, after giving all parties, including the person or persons to be joined, the opportunity to be heard, that joinder should not be permitted because of prejudice to any of those parties. The arbitral tribunal may make a single award or several awards in respect of all parties so involved in the arbitration. 39.2. The request for joinder shall contain the following information: (a) The reference of the existing arbitration; (b) The names and contact details of each of the parties, including the additional party, and their designated representatives, if any; and (c) The information set forth in the notice of arbitration, pursuant to Rule 2 in Part II. 40. Applicable law 40.1. In any arbitration proceedings under AAMH Rules, other than an international commercial arbitration under AAMH Rules, the Arbitral Tribunal shall decide the dispute submitted to arbitration in accordance with the substantive law for the time being in force in India. 40.2. In international commercial arbitration under AAMH Rules: (a) the Arbitral Tribunal shall decide the dispute in accordance with the rules of law designated by the parties as applicable to the substance of the dispute; (b) any designation by the parties of the law or legal system of a given country shall be construed, unless otherwise expressed, as directly referring to the substantive law of that country and not to its conflict of laws rules; (c) failing any designation of the law under clause (a) by the parties to the dispute under AAMH Rules, the Arbitral Tribunal shall apply the laws of India unless it considers appropriate to apply the rules of law given all the circumstances surrounding the dispute.

Aasra ADR Institute AAMH ADR Rules 31 40.3. The Arbitral Tribunal shall decide ex aequo et bono or as amiable compositeur only if the parties have expressly authorised it to do so. 40.4. While deciding and making an Award, the Arbitral Tribunal shall, in all cases, take into account the terms of the contract and trade usages applicable to the transaction.

Aasra ADR Institute AAMH ADR Rules 32 Part III – Conciliation Rules 41. Commencement of Conciliation 41.1. Conciliation proceedings under the AAMH Rules shall commence: (a) in case the parties have an existing AAMH Conciliation Clause then, in accordance with Rule 42.3 of Part III; (b) in case the parties do not have an existing AAMH Conciliation Clause then, in accordance with Rule 42.2 of Part III; 41.2. Any party which is not a party to the AAMH Conciliation Clause may: (a) mutually agree, in writing, to AAMH Conciliation Clause to refer any dispute (even prior to occurrence of the same) to conciliation in accordance with AAMH Rules; (b) mutually agree on the terms to settle the existing dispute and can present the same for conciliation as provided under Rule 42.6 of Part III. 41.3. Any party to AAMH Conciliation Clause may commence conciliation proceedings by mailing the registration details on ................................................. and providing the following details: (a) full name and contact details of the parties to conciliation (including full address of both parties, email addresses(optional) and registered mobile numbers); (b) scanned copy of AAMH Conciliation Clause; (c) Letter of Request, as per the Form specified in Annexure IV; (d) any agreement or contract out of or in connection with which the dispute has arisen; (e) a statement briefly describing the nature and circumstances of the dispute and the claims advances by the Claimant against any other party to the conciliation specifying the relief claimed including the amounts of any quantified claims and to the extent possible, an estimate of the monetary value of any other claims (along with supporting documents); (f) a statement of any matters which the parties have previously agreed to as to the conduct of the conciliation or with respect to which the Claimant wishes to make a proposal (such as the number of arbitrators, applicable rule of law, the language of the conciliation or proposed settlement terms); (g) such other documents and information relevant to the dispute, as deemed fit by Claimant. 41.4. Upon successful registration in accordance with Rule 42.3 of Part III above, an Invitation to Conciliation shall be sent by AAMH to the other party(ies) on the same day as receipt of Letter of Request by AAMH.

Aasra ADR Institute AAMH ADR Rules 33 41.5. The conciliation proceedings will be terminated by AAMH, by informing the Claimant, in case the other party(ies): (a) reject(s) the Invitation to Conciliation; or (b) fails to respond to the Invitation to Conciliation within [7] days or within the timeline provided in the Invitation to Conciliation, whichever is later. 41.6. Pursuant to Rule 42.2(b), the parties to a dispute can jointly request AAMH vide Letter of Request and submit their joint agreed terms/stand/statement to AAMH, in which case: (a) AAMH shall appoint a Conciliator in accordance with Rule 44; and (b) Such Conciliator shall pass such settlement terms as the Conciliation Agreement under Rule 47. 42. Notification of Conciliation 42.1. In case the Invitation to Conciliation is accepted by the other party(ies) within 7 (seven) days or the period prescribed within the Invitation to Conciliation, whichever is later, the conciliation proceedings would be deemed to commence from: (a) such date of acceptance of the Invitation to Conciliation, if such Invitation to Conciliation was mailed through .................................................; (b) such date of intimation by the Claimant of the acceptance to Invitation to Conciliation, if such Invitation to Conciliation was not mailed through .................................................. 42.2. Within three 3 (three) days from the date of commencement of conciliation proceedings under AAMH Rules, AAMH shall send a Conciliation Notification to the parties, which shall include: (a) details of the Case Manager; (b) proposed date and time of Pre-Conciliation Call; (c) the important dates for submitting their individual or joint brief statement to the Conciliator, if required. 43. Appointment of Case Manager and Pre-Conciliation Call 43.1. AAMH may appoint a Case Manager within 3 (three) days from the commencement of conciliation proceedings under AAMH Rules. 43.2. Case Manager shall make a Pre-Conciliation Call to the parties within 3 (three) days of the AAMHd Conciliation Notification where she/he will inform the parties of important dates for submitting their individual or joint brief statement to the Conciliator and details of the Conciliator. 43.3. Case Manager will be available to answer questions (if any) raised by the parties related to the process provided under AAMH Rules and to administrative / secretarial assistance (if required) to the parties. Case Manager will also ascertain the correctness and genuineness of submissions made by the parties.

Aasra ADR Institute AAMH ADR Rules 34 44. Appointment of Conciliator 44.1. Unless otherwise agreed upon by the parties, AAMH shall solely appoint 1 (one) Conciliator from the Panel within 3 (three) days from the date of commencement of conciliation proceedings under AAMH Rules. Provided that depending upon the nature, complexity, and seriousness of the dispute, AAMH shall also have the right to appoint more than one Conciliator. 44.2. A declaration in accordance with Section 12 read with Fifth Schedule, Sixth Schedule and Seventh Schedule of the Arbitration Act shall be made by the Conciliator appointed by AAMH in relation to his independence, impartiality and competence within 3 (three) days from such appointment. 45. Challenge to Conciliator 45.1. Any Conciliator appointed by AAMH may be challenged by either parties if circumstances exist that give rise to justifiable doubts as to the Conciliator’s impartiality or independence, or if the Conciliator becomes de jure or de facto unable to fulfil their functions or is not fulfilling those functions in accordance with the AAMH Rules or within the prescribed time limits. 45.2. Any party to conciliation may challenge the appointment of Conciliator(s) on the grounds described above or provided in the Arbitration Act. Such challenge to the Conciliator must be made within 3 (three) days of the declaration(s) being made by the Conciliator as per Rule 45.2 (“Conciliator Challenge Period”) and must provide for the grounds of challenge and should be submitted to the DRP Review Committee in writing via email to ................................................. to the other parties. If no party raises a challenge to the Conciliator within the above mentioned timeline, then the Conciliator would be considered to be appointed under AAMH Rules. 45.3. When a Conciliator is challenged by any party, within 7 (seven) days from the receipt of such challenge: (a) the other parties may agree to such challenge and may mutually request for any other DRP to act as the Conciliator from the Panel; (b) the other parties may agree to such challenge but may be unable to mutually agree on a new Conciliator as per Rule 46.3.(a) above, in which case either one or all parties to conciliation can request for a specific Conciliator from the Panel and the final discretion of the Conciliator appointment shall lie with AAMH; (c) the challenged Conciliator may also choose to voluntarily withdraw as a Conciliator from such conciliation, in which case AAMH will appoint a new Conciliator from the Panel. (d) the Conciliator appointed by AAMH shall not be challenged by either party on the ground that he/she has been appointed by AAMH. Provided that in none of the situations mentioned in Rule 46.3., the change of Conciliator should be deemed to be acceptance of any ground of challenge to the Conciliator raised by any party.

Aasra ADR Institute AAMH ADR Rules 35 45.4. Upon challenge to a Conciliator by any party, in case none of the events provided in Rule 46.3., occur within 7 (seven) days from the receipt of challenge of Conciliator by AAMH, AAMH shall refer such challenge to the DRP Review Committee. 45.5. Within 10 (ten) days from the reference of such challenge to the DRP Review Committee, the DRP Review Committee may: (a) decide to continue with the same Conciliator, in case it finds no merit in such challenge; or (b) decide to change the Conciliator, in which case it shall appoint a new Conciliator from the Panel. 45.6. The decision of the DRP Review Committee shall be final and binding on all parties to conciliation. The Conciliator would be considered as appointed the day DRP Review Committee decides such challenge to Conciliator. 45.7. In case of death of the appointed Conciliator or due to impossibility for such appointed Conciliator to act, AAMH shall have the sole discretion to appoint a new Conciliator from the Panel and such newly appointed Conciliator, as far as conciliation proceedings have taken place, will continue proceedings from thereon and any action taken prior to such replacement will not be affected. 46. Statements before Conciliator 46.1. The Conciliation Pleading Date shall be deemed to occur on the day on which Conciliator(s) may have received notice in writing of their appointment by AAMH after disposal of the challenge to their appointment, if any, made or upon expiry of Conciliator Challenge Period. 46.2. After the appointment of the Conciliator, within 15 (fifteen) days from the Conciliator Pleading Date, both Parties shall make their brief written statements indicating the nature of the dispute and points of settlement, which will be shared with each party through mail. 46.3. The Conciliator may require the parties to furnish supplementary and additional information with the documents available in support of them, as it deems fit and may make such submitted information / documents available to the other Party. 46.4. In case both the parties agree mutually, they may present their joint statement/stands/ terms and conditions agreed upon and the same shall be taken on record by the Conciliator for her/his due consideration during conciliation proceedings. 47. Role of Conciliator 47.1. The Conciliator shall: (a) assist the parties in an impartial and independent manner to arrive at a mutually accepted resolution of the dispute in a time bound manner; (b) assist the Parties to negotiate and to identify and define the issues in dispute;

Aasra ADR Institute AAMH ADR Rules 36 (c) consider and be guided by the principles of natural justice related to the objective, attainment of justice and fairness, the rights and responsibilities of the parties, the prevailing business practices and beliefs, the business practices existed in the past among the parties, the suggestions submitted by the parties and the circumstances surrounding; (d) hold meetings with the parties to the dispute, either jointly or separately, and keep the confidential information with herself/himself, if requested by any party. (e) communicate the details of all meetings, documents presented and suggestions provide by the conciliation to all the parties, except when the parties have expressly requested to keep such meeting or documents confidential. (f) not be bound by the provisions of the Code of Civil Procedure, 1908 and the Indian Evidence Act, 1872. 47.2. At any stage during the conciliation proceedings, the Conciliator may make a suitable proposal on its behalf for the resolution of the dispute, which may be in writing and with reasons / grounds. 47.3. The Conciliator, either on the basis of his/her own satisfaction or upon confirmation by the Case Manager, may verify the correctness and genuineness of the statement submitted by both the parties. 47.4. Cooperation of parties with Conciliator (a) The parties shall in good faith to cooperate with the Conciliator and, in particular, shall endeavour to comply with requests by the Conciliator to submit written materials, provide evidence and attend meetings. (b) Each party may, on his own initiative or at the invitation of the Conciliator, submit to the Conciliator suggestions for the settlement of the dispute. 48. Conciliation Agreement 48.1. When it appears to the Conciliator that there exist elements of a settlement which may be acceptable to the parties, such Conciliator shall formulate the terms of a possible settlement and submit them to the parties by mailing to ................................................., and AAMH will coordinate for their observations. 48.2. The parties may draw up and sign a Conciliation Agreement: (a) if the parties reach an agreement on the settlement of the dispute prior to submitting the dispute to AAMH for conciliation in accordance with Rule 42.6.; (b) if the parties reach an agreement on the settlement of dispute during the conciliation proceedings under AAMH Rules. 48.3. If requested by the parties, the Conciliator may draw up, or assist the parties in drawing up the Conciliation Agreement within 15 (fifteen) days from the receipt of such request. 48.4. Each party should give their observations to the Conciliator within 7 (seven) days from the receipt of the possible settlement by the Conciliator, basis which the Conciliator

Aasra ADR Institute AAMH ADR Rules 37 may reformulate the terms of a possible settlement in the light of such observations. After the consideration of both the parties to the settlement proposed by the Conciliator and after the amendments being accepted or rejected by the parties themselves, the final settlement terms will be documented by the Conciliator in the Conciliation Agreement and shared with the parties within 7 (seven) days from the receipt of such observations by the parties, if any. 48.5. The parties may sign the Conciliation Agreement within 7 (seven) days from the receipt of the Conciliation Agreement. Once the parties (or their authorized representative) to the dispute have signed the Conciliation Agreement and after consideration and verification of the Conciliation Agreement, the Conciliator shall authenticate and sign the Conciliation Agreement within 7 (seven) days from the date of the signature by the parties. 48.6. The Conciliation Agreement which is signed by the parties to the dispute and the Conciliator shall be final and binding on the parties. 48.7. The Conciliator shall furnish a copy of the same to AAMH who shall circulate to each of the parties. 48.8. Unless decided otherwise by the parties, no conciliation proceedings under AAMH Rules shall exceed beyond a period of 60 (sixty) days from the date of commencement of conciliation proceedings. 48.9. The Conciliation Agreement signed by all the parties to the dispute and authenticated by the Conciliator will have the same effect and status as the Award passed under Rule 27. 49. Termination of Conciliation 49.1. All conciliation proceeding under AAMH Rules shall be deemed to be terminated in case: (a) all parties to the dispute and the Conciliator sign/counter sign the Conciliation Agreement; (b) the Conciliator makes a written declaration that the efforts towards conciliation is not just and meaningful; (c) both parties address the Conciliator in writing to announce that conciliation proceedings are now terminated; (d) one party makes a written declaration to the other party and the Conciliator, if appointed, that conciliation proceedings are terminated. 49.2. If there is also a provision for settlement of the dispute through arbitration under AAMH Rules in case of failure/termination of conciliation under the AAMH Conciliation Clause, then upon termination of conciliation proceeding under Rule 50.1.(c) or (d), the dispute will be referred to arbitration under AAMH Rules. 49.3. Under disputes referred to conciliation under Rule 50.2., above, the Conciliator who presided over the conciliation proceedings between the parties shall not act as Arbitrator, Case Manager or legal representative of either party. The Conciliator shall also not be presented by the parties as a witness in any arbitral or judicial proceedings.

Aasra ADR Institute AAMH ADR Rules 38 49.4. Post termination of the conciliation proceedings as provided in this Rule, the Conciliator will immediately inform the Case Manager, who will further inform the parties in this regard. 50. No commencement of Arbitration proceedings or judicial proceedings No party shall, during conciliation proceedings, conduct any arbitration proceeding or any kind of judicial proceeding in respect of the dispute that is the subject matter of conciliation proceedings unless either party considers that commencement of such arbitral or judicial proceedings are necessary for the protection/preservation of their respective rights or interests. 51. Admissibility of Conciliation proceedings in other proceedings 51.1. Parties in any arbitration or judicial proceeding (whether or not related to a dispute involving that conciliation proceeding under AAMH Rules) shall not present as evidence nor rely on the facts of the conciliation proceeding being conducted under AAMH Rules, including: (a) suggestions and views expressed by the other party for possible resolution of the dispute; (b) any admission/acceptance (except Conciliation Agreement) made by the other party in the course of conciliation proceedings under AAMH Rules; (c) any proposals made by the Conciliator to either party; (d) willingness expressed by the other party in accepting any proposal made by the Conciliator. 52. Representation and Assistance 52.1. Each party may participate on their own or through a person authorized by such party to take final and conclusive decisions during conciliation proceedings under AAMH Rules at every stage, whether or not such person is legally trained, provided that there is no threat, or fear forced upon such representative. 52.2. The Conciliator may, in exercise of his discretion, refuse to allow such person to participate in the conciliation proceedings which may affect the credibility of conciliation proceedings under AAMH Rules. 52.3. The concerned party shall inform the Case Manager, the Conciliator and the other party of such representative as mentioned in Rule 53.1., at least 3 (three) working days before the commencement of the proceedings. 53. Date of Commencement of Conciliation Proceedings The conciliation proceeding shall be deemed to have entered on the reference on the day on which Conciliator or all the conciliators, as the case may be have received notice in writing of their appointment by AAMH Administration after disposal of the challenge to their appointment, if any, made.

Aasra ADR Institute AAMH ADR Rules 39 Part IV – Mediation Rules 54. Commencement of Mediation 54.1. Mediation proceedings under the AAMH Rules shall commence: (a) in case the parties have an existing AAMH Mediation Clause then, in accordance with Rule 55.3; (b) in case the parties do not have an existing AAMH Mediation Clause then, in accordance with Rule 55.2; 54.2. Any party which is not a party to the AAMH Mediation Clause may mutually agree in writing to AAMH Mediation Clause to refer any dispute (even prior to occurrence of the same) to mediation by mail to ................................................. in accordance with AAMH Rules. 54.3. Any party to AAMH Mediation Clause may commence mediation proceedings by registering themselves and providing the following by mail to .................................................: (a) full name and contact details of the parties to mediation (including full address of both parties, email addresses(optional) and registered mobile numbers); (b) scanned copy of AAMH Mediation Clause; (c) Letter of Request; (d) any agreement or contract out of or in connection with which the dispute has arisen; (e) a statement briefly describing the nature and circumstances of the dispute and the claims advances by the Claimant against any other party to the mediation specifying the relief claimed including the amounts of any quantified claims and to the extent possible, an estimate of the monetary value of any other claims (along with supporting documents); (f) a statement of any matters which the parties have previously agreed to as to the conduct of the mediation or with respect to which the Claimant wishes to make a proposal (such as the number of arbitrators, applicable rule of law, the language of the arbitration, seat of arbitration, proposed settlement terms); (g) such other documents and information relevant to the dispute, as deemed fit by Claimant. 54.4. Upon successful registration in accordance with Rule 55.3 above, an Invitation to Mediation shall be sent by AAMH to the other party(ies) on the same day as receipt of Letter of Request by AAMH.

Aasra ADR Institute AAMH ADR Rules 40 54.5. The mediation proceedings will be terminated by AAMH, by informing the Claimant, in case the other party(ies): (a) reject(s) the Invitation to Mediation; or (b) fails to respond to the Invitation to Mediation within 7 (seven) days or within the timeline provided in the Invitation to Mediation, whichever is later. 55. Notification of Mediation 55.1. In case the Invitation to Mediation is accepted by the other party(ies) within 7 (seven) days or the period prescribed within the Invitation to Mediation, whichever is later, the mediation proceedings would be deemed to commence from: (a) such date of acceptance of the Invitation to Mediation, if such Invitation to Mediation was sent by mail to .................................................; (b) such date of intimation by the Claimant of the acceptance to Invitation to Mediation, if such Invitation to Mediation was not sent by mail to .................................................. 55.2. Within 3 (three) days from the date of commencement of mediation proceedings under AAMH Rules, AAMH shall send a Mediation Notification to the parties, which shall include: (a) details of the Case Manager; (b) proposed date and time of Pre-Mediation Call; (c) the important dates for submitting their individual or joint brief statement to the Mediator. 56. Appointment of Case Manager and Pre-Mediation Call 56.1. AAMH may appoint a Case Manager within 3 (three) days from the date of commencement of mediation proceedings under AAMH Rules. 56.2. Case Manager shall make a Pre-Mediation Call to the parties within 3 (three) days of the AAMHd Mediation Notification where she/he will inform the parties of important dates for submitting their individual or joint brief statement to the Mediator and details of the Mediator. 56.3. Case Manager will be available to answer questions (if any) raised by the parties related to the process provided under AAMH Rules and to administrative / secretarial assistance (if required) to the parties. Case Manager will also ascertain the correctness and genuineness of submissions made by the parties. 57. Appointment of Mediator 57.1. Unless otherwise agreed upon by the parties, AAMH shall solely appoint 1 (one) Mediator from the Panel within 2 (three) days from the date of commencement of mediation. Provided that depending upon the nature, complexity, and seriousness of the dispute, AAMH shall also have the right to appoint more than one Mediator.

Aasra ADR Institute AAMH ADR Rules 41 57.2. A declaration shall be made by the Mediator appointed by AAMH in relation to his independence, impartiality and competence within 1 (one) day from such appointment. 58. Challenge to Mediator 58.1. Any Mediator appointed by AAMH may be challenged by either parties if circumstances exist that give rise to justifiable doubts as to the Mediator’s impartiality or independence, or if the Mediator becomes de jure or de facto unable to fulfil their functions or is not fulfilling those functions in accordance with the AAMH Rules or within the prescribed time limits. 58.2. Such challenge to the Mediator must be made within 3 (three) days of the declaration(s) being made by the Mediator as per Rule 58.2. (“Mediator Challenge Period”) and must provide for the grounds of challenge and should be submitted to the DRP Review Committee in writing via email to ................................................. and AAMH shall arrange service to the other parties. If no party raises a challenge to the Mediator within the above mentioned timeline, then the Mediator would be considered to be appointed under AAMH Rules. 58.3. When a Mediator is challenged by any party, within 3 (three) days from the receipt of such challenge: (a) the other parties may agree to such challenge and may mutually request for any other DRP to act as the Mediator from the Panel; (b) the other parties may agree to such challenge but may be unable to mutually agree on a new Mediator as per Rule 48.3.(a) above, in which case either one or all parties to mediation can request for a specific Mediator from the Panel and the final discretion of the Mediator appointment shall lie with AAMH; (c) the challenged Mediator may also choose to voluntarily withdraw as a Mediator from such mediation, in which case AAMH will appoint a new Mediator from the Panel. Provided that in none of the situations mentioned in Rule 48.3., the change of Mediator should be deemed to be acceptance of any ground of challenge to the Mediator raised by any party. 58.4. Upon challenge to a Mediator by any party, in case none of the events provided in Rule 59.3., occur within 3 (three) days from the receipt of challenge of Mediator by AAMH, AAMH shall refer such challenge to the DRP Review Committee. 58.5. Within 3 (three) days from the reference of such challenge to the DRP Review Committee, the DRP Review Committee may: (a) decide to continue with the same Mediator, in case it finds no merit in such challenge; or (b) decide to change the Mediator, in which case it shall appoint a new Mediator from the Panel.

Aasra ADR Institute AAMH ADR Rules 42 58.6. The decision of the DRP Review Committee shall be final and binding on all parties to mediation. The Conciliator would be considered as appointed the day DRP Review Committee decides such challenge to Conciliator. 58.7. In case of death of the appointed Mediator or due to impossibility for such appointed Mediator to act, AAMH shall have the sole discretion to appoint a new Mediator from the Panel and such newly appointed Mediator, as far as mediation proceedings have taken place, will continue proceedings from thereon and any action taken prior to such replacement will not be affected. 59. Statements before Mediator 59.1. The Mediation Pleading Date shall be deemed to occur on the day on which Conciliator(s) may have received notice in writing of their appointment by AAMH after disposal of the challenge to their appointment, if any, made or upon expiry of Mediator Challenge Period. 59.2. After the appointment of the Mediator, within 7 (seven) days from the Mediation Pleading Date, both Parties shall make their brief written statements indicating the nature of the dispute and points of settlement, which will be shared with each party by mail. 59.3. The Mediator may require the parties to furnish supplementary and additional information with the documents available in support of them, as it deems fit and may make such submitted information / documents available to the other Party. 59.4. In case both the parties agree mutually, they may present their joint statement/ stands/terms and conditions agreed upon and the same shall be taken on record by the Mediator for her/his due consideration during mediation proceedings. 60. Role of Mediator 60.1. The Mediator shall: (a) assist the parties in an impartial and independent manner to arrive at a mutually accepted resolution of the dispute in a time bound manner; (b) assist the Parties to negotiate and to identify and define the issues in dispute; (c) consider and be guided by the principles of natural justice related to the objective, attainment of justice and fairness, the rights and responsibilities of the parties, the prevailing business practices and beliefs, the business practices existed in the past among the parties, the suggestions submitted by the parties and the circumstances surrounding; (d) hold meetings with the parties to the dispute, either jointly or separately, and keep the confidential information with herself/himself, if requested by any party. (e) communicate the details of all meetings, documents presented and suggestions provide by the mediation to all the parties, except when the parties have expressly requested to keep such meeting or documents confidential. (f) not be bound by the provisions of the Code of Civil Procedure, 1908 and the Indian Evidence Act, 1872.

Aasra ADR Institute AAMH ADR Rules 43 60.2. The Mediator, either on the basis of her own satisfaction or upon confirmation by the Case Manager, may verify the correctness and genuineness of the statement submitted by both the parties on mail. 61. Cooperation of parties with Mediator 61.1. The parties shall in good faith to cooperate with the Mediator and, in particular, shall endeavour to comply with requests by the Mediator to submit written materials, provide evidence and attend meetings. 61.2. Each party may, on his own initiative or at the invitation of the Mediator, submit to the Mediator suggestions for the settlement of the dispute. 62. Mediation Agreement 62.1. When it appears to the Mediator that there exist elements of a settlement which may be acceptable to the parties, such Mediator shall formulate the terms of a possible settlement and submit them to the parties by mail for their observations. 62.2. If the parties reach an agreement on the settlement of dispute during the mediation proceedings under AAMH Rules, the parties may draw up and sign a Mediation Agreement. 62.3. If requested by the parties, the Mediator may draw up, or assist the parties in drawing up the Mediation Agreement within 7 (seven) days from the receipt of such request, basis the suggestions of the parties. 62.4. Each party should give their observations to the Mediator within 7 (seven) days from the receipt of the possible settlement by the Mediator, basis which the Mediator may reformulate the terms of a possible settlement in the light of such observations. After the consideration of both the parties to the settlement proposed by the Mediator and after the amendments being accepted or rejected by the parties themselves, the final settlement terms will be documented by the Conciliator in the Mediation Agreement and shared with the parties within 7 (seven) days from the receipt of such observations by the parties, if any. 62.5. The parties may sign the Mediation Agreement within 7 (seven) days from the receipt of the Mediation Agreement. Once the parties (or their authorized representative) to the dispute have signed the Mediation Agreement and after consideration and verification of the Mediation Agreement, the Mediator shall sign the Mediation Agreement within 7 (seven) days from the date of the signature by the parties. 62.6. The Mediation Agreement which is signed by the parties to the dispute and the Mediator shall be final and binding on the parties. 62.7. The Mediator shall authenticate the Mediation Agreement and furnish a copy of the same to each of the parties through mail. 62.8. Unless decided otherwise by the parties, no mediation proceedings under AAMH Rules shall exceed beyond a period of 30 (thirty) days from the date of commencement of mediation proceedings. 62.9. The Mediation Agreement signed by all the parties to the dispute and the Mediator will have the same effect and status as the Arbitral Award passed under Rule 27.

Aasra ADR Institute AAMH ADR Rules 44 63. Termination of Mediation 63.1. All mediation proceeding under AAMH Rules shall be deemed to be terminated in case: (a) all parties to the dispute and the Mediator sign/counter sign the Mediation Agreement; (b) the Mediator makes a written declaration that the efforts towards mediation is not just and meaningful; (c) both parties address the Mediator in writing to announce that mediation proceedings are now concluded. (d) The day one party makes a written declaration to the other party and the Mediator, if appointed, that mediation proceedings are concluded. 63.2. If there is also a provision for settlement of the dispute through arbitration under AAMH Rules in case of failure of mediation under the AAMH Mediation Clause, then upon conclusion of mediation proceeding under Rule 64.1.(c) or (d), the dispute will be referred to arbitration under AAMH Rules. 63.3. Under disputes referred to arbitration under Rule 64.2. above, the Mediator who presided over the mediation proceedings between the parties shall not act as Arbitrator, Case Manager or legal representative of either party. The Mediator shall also not be presented by the parties as a witness in any arbitral or judicial proceedings. 63.4. Post conclusion of the mediation proceedings as provided in this Rule, the Mediator will immediately inform the Case Manager, who will further inform the parties in this regard. 64. No commencement of Arbitration proceedings or judicial proceedings No party shall, during mediation proceedings, conduct any arbitration proceeding or any kind of judicial proceeding in respect of the dispute that is the subject matter of mediation proceedings unless either party considers that commencement of such arbitral or judicial proceedings are necessary for the protection/preservation of their respective rights or interests. 65. Admissibility of Mediation proceedings in other proceedings 65.1. Parties in any arbitration or judicial proceeding (whether or not related to a dispute involving that mediation proceeding under AAMH Rules) shall not present as evidence nor rely on the facts of the mediation proceeding being conducted under AAMH Rules, including: (a) suggestions and views expressed by the other party for possible resolution of the dispute by mail; (b) any admission/acceptance (except Mediation Agreement) made by the other party in the course of mediation proceedings under AAMH Rules; (c) any proposals made by the Mediator to either party;

Aasra ADR Institute AAMH ADR Rules 45 (d) willingness expressed by the other party in accepting any proposal made by the Mediator. 66. Representation and Assistance 66.1. Each party may participate on their own or through a person authorized by such party to take final and conclusive decisions during mediation proceedings under AAMH Rules at every stage, whether or not such person is legally trained, provided that there is no threat, or fear forced upon such representative. 66.2. The Mediator may, in exercise of his discretion, refuse to allow such person to participate in the mediation proceedings which may affect the credibility of mediation proceedings under AAMH Rules. 66.3. The concerned party shall inform the Case Manager, the Mediator and the other party of such representative as mentioned in Rule 67.1., at least 3 (three) working days before the commencement of the proceedings. 67. Date of Commencement of Mediation Proceedings The mediation proceeding shall be deemed to have entered on the reference on the day on which Mediators or all the Mediators, as the case may be have received notice in writing of their appointment by AAMH Administration after disposal of the challenge to their appointment, if any, made.

Aasra ADR Institute AAMH ADR Rules 46 Part V – Miscellaneous Provisions 68. Stamp Duty 68.1. The parties to any proceedings under AAMH Rules shall bear the cost of stamp duty applicable to any award, agreement or order. 68.2. Deficient stamp duties, if any, are to be paid by the parties to any proceedings under AAMH Rules in equal share in all cases in accordance with the applicable rate of stamp duties for the time being in force. In case of an ex-parte Award under Part II of the AAMH Rules, the entire stamp duty shall be paid by the Claimant in accordance with the applicable rate of stamp duty. 69. Protection against any act done in good faith 69.1. No suit or other legal proceeding shall be taken against the Arbitrator, Conciliator, Mediator, Case Manager, AAMH or any officer, employee, director or agent of AAMH in relation to any act and proceeding done in good faith under the AAMH Rules. 69.2. AAMH, Arbitrator, Mediator, Conciliator, Case Manager or any officer, employee, director or agent of AAMH shall not be made a party to any proceedings, appeal or application to set aside the Award, Conciliation Agreement or Mediation Agreement. 70. Maintenance of data and records by AAMH 70.1. AAMH shall keep the data of the parties to any proceeding under AAMH Rules in its systems and records shall be kept in the system in such a manner that the identity of the parties or any circumstances of dispute cannot be identified. 70.2. Unless agreed otherwise between AAMH and any party to the proceeding under AAMH Rules, AAMH shall maintain the data of all proceedings under AAMH Rules for a period of 4 (four) years from the date of issuance of the Award, Settlement Agreement or Mediation Agreement. 70.3. In case any such Award, Settlement Agreement or Mediation is appealed or application has been filed to set aside, the party making such appeal/application shall promptly notify AAMH and AAMH shall maintain the data and records of all such proceedings till the disposal of such proceedings, unless agreed otherwise between AAMH and any party to the proceeding under AAMH Rules. 70.4. AAMH may erase all the data and records pertaining to any proceedings under AAMH Rules after the expiry of the time period as specified above in this Rule. 71. Confidentiality 71.1. AAMH, the DRPs, Arbitrator/s, Conciliator/s, Mediator/s and the parties shall not disclose the details of any proceedings under AAMH Rules and shall keep confidential all matters relating to such proceedings (including the Award, Conciliation Agreement or Mediation Agreement (as applicable), except in case where it is required to be disclosed to them). 71.2. AAMH, DRP and the parties to proceedings under AAMH Rules shall comply with all applicable laws in relation to confidentiality, including section 42A of the Arbitration Act.

Aasra ADR Institute AAMH ADR Rules 47 72. Monitoring of proceedings DRP Review Committee may periodically examine and evaluate any proceedings under AAMH Rules and case files by mail to ensure that the timelines prescribed under AAMH Rules are not extended without any justifiable reasons. 73. Exclusion of liability All parties to proceedings under AAMH Rules hereby jointly and severally exempt AAMH from any liability arising from DRP Review Committee, agent, employee under AAMH Rules or any other law in course of discharge of their duties and rights exercised in good faith and no action shall be initiated against them. 74. Language 74.1. The language of all proceedings under AAMH Rules shall be in English. 74.2. In case both parties to any proceeding under AAMH Rules request for the proceedings be conducted in any other Indian language other than English, then AAMH may solely decide the language of such proceeding under AAMH Rules. 74.3. If any document filed by any party is in a language other than English, the party filling such document shall simultaneously furnish an English translation of such documents. 75. Procuring a verified copy Any party to a proceeding under AAMH Rules who may require a verified copy of the Award, Mediation Agreement or Conciliation Agreement (pursuant to an order of the court or otherwise) shall provide a request for the same to ................................................. and make the payment of a fee according to Annexure IV to obtain a verified copy. 76. Amendment to AAMH Rules AAMH shall have the sole right to make any amendments in AAMH Rules, its schedules, fees etc., as it deems fit and necessary and such amendments shall be effective prospectively from the date of a communication notifying such amendment. 77. Working Hours The parties may mail their Pleadings to ................................................. at any time prior to the last date of any specified event, as prescribed under AAMH Rules. However, on the due date fixed for hearing in advance, the pleadings/ evidences/ documents/ applications can be uploaded latest by 12 noon one day before the hearing and only the uploaded by this time will be considered by the DRP for that day’s proceedings. 78. Notices and communication 78.1. For the purposes of the AAMH Rules, any notice, communication or proposal shall be through electronic communication. Electronic communication through AAMH can be serviced through any one of the following means/ modes of electronic communication:

Aasra ADR Institute AAMH ADR Rules 48 (a) at the last known email address mentioned in the agreement between the parties or as mentioned in other communications stated by the party; (b) by text message on the registered mobile phone number mentioned in the agreement between the parties or as mentioned in other communications stated by the party; (c) by any messaging applications (such as WhatsApp message) on the registered/verified mobile phone number/email id mentioned in the agreement between the parties or as mentioned in other communications stated by the party; 78.2. On completion of any one of the following conditions, service/delivery of electronic communications will be considered successful: (a) the e-mail described and sent as per Rule 79.1(a) has not 'bounced back'; (b) The message sent as per Rule 79.1(b) has not received a failure of delivery notification; (c) The message sent as per Rule 79.1(c), it should be considered delivered by such messaging application. 78.3. All communications and exchange of documents during any proceedings under AAMH Rules shall be communicated through ................................................. by the parties or their Legal Representatives. 78.4. In certain cases, where parties have made case relevant communication through email, WhatsApp or text messages with the Case Manager for the other party or DRP to view, the communicating party may request the Case Manager to mail the 'Case Update' section to ................................................. and the DRP may consider such communication uploaded while exercising their discretion. 78.5. The Case Manager will only upload any communication after being duly satisfied that the communication has been received from the registered/verified email or mobile number of the parties. 79. Waiver of the right to object Any party who proceeds with the proceedings under AAMH Rules with the knowledge that any provision or requirement of these AAMH Rules has not been complied with, yet fails to state his objection thereto in writing, shall be deemed to have waived their right to object. 80. Fees The parties shall be jointly and severally, unless agreed otherwise by the parties, be liable to pay the fees in relation to the proceedings under AAMH Rules as stated in Annexure V of AAMH Rules along with any additional cost incurred during such proceedings and as intimated by AAMH to the parties. 81. Succession 81.1. In a situation, where AAMH ceases to exist (for any reason whatsoever), the parties shall be at liberty to choose a new institution for their dispute resolution mechanism.

Aasra ADR Institute AAMH ADR Rules 50 81.2. In such case, if the parties fail to agree on a new institution, either party may choose to initiate proceedings for dispute resolution before any institution providing such dispute resolution service as provide in the list of arbitral institutions provide by the Ministry of Law and Justice, Government of India. The same could be accessed on (https://doj.gov.in/sites/default/files/firm%20details.pdf) or any arbitral tribunal designated by the High Court and Supreme Court (graded by the Arbitral Council of India or otherwise), and shall communicate the same to the other party(ies). 81.3. Such choice of institution made by either party who makes that choice first shall be final and binding on all the parties which were subject to dispute resolution mechanism under AAMH Rules. 82. Jurisdiction 82.1. Any objection by a party to the existence or, to the competence of AAMH to administer an arbitration, before the Arbitral Tribunal is appointed, shall be placed in the first instance before the DRP Review Committee. 82.2. If the DRP Review Committee sustains the objection, the arbitration proceedings shall be terminated. In all other cases, the Arbitral Tribunal shall decide such objection in accordance with section 16 of the Arbitration Act. 83. Official Work Hours 83.1. AAMH Institution does not operate on weekends and public holidays. The timeline for any dispute resolution process excludes the above-mentioned days. 83.2. The working timing for AAMH Neutrals, Case Managers and Employees is 9 AM to 6 PM. Please note that these timings are subject to urgent requirements.

Aasra ADR Institute AAMH ADR Rules 51 Annexure I – Request for Arbitration Sample Letter To, Date: The Arbitration Administrator, (Address) Re: Request for Arbitration In Re: __________________________ Dear Arbitration Administrator: Our office represents the ______________. Please accept this letter and attached Memorandum as the formal Request for Arbitration on behalf of the Sub-recipient, (Name of Party and address)_______________, pursuant to the provisions of the ___________ (Act) (Act pertaining to the matter of arbitration proceeding). Enclosed with this correspondence are or original and two copies of ______________ Memorandum, along with the arbitration exhibits submitted in support of this Request for Arbitration. We respectfully request that the hearing be held in ________________ (either online or offline at Mumbai, Maharashtra, India). Thank you in advance for your consideration of this Request for Arbitration. If you should have any questions that require any additional information or documentation, please do not hesitate to contact our office. Thanking you, Yours truly, ( ) Thanking you, Yours faithfully, ( )

Aasra ADR Institute AAMH ADR Rules 52 Annexure II – Notice for Arbitration Mandatory Notice for Invoking Arbitration under Section 21 of the Arbitration and Conciliation Act to be sent before the commencement of arbitration proceedings. BY REGISTERED POST/BY EMAIL To, _____ (address) Subject: Notice for invoking arbitration under clause …… of agreement executed between my client and ……………………… (name of the opposite party in the agreement/contract). Sir(s), Upon instruction and on behalf of my client, Mr…………………., R/o …………………., I the undersigned serve you this notice, contents of which are as under: My client is …………………. (state who your client is and what kind of business activities are going on between your client and the opposite party to the agreement/contract). State brief facts which show that dispute has arisen between the parties to the agreement/contract. The afore acts and events therefore make it abundantly clear that the (other side) are unwilling to comply with their obligations under the (Agreement/Contract) to indemnify our Client against all damages incurred or suffered by our Client based upon, resulting from or relating to any breach of warranty, undertaking or any obligation of the (other side) as well as with respect to any amount of tax liability incurred by, imposed upon, due from or payable by (other side), in relation to the period up to and including the Closing Date of the (Agreement/Contract), as set out hereinabove and under various communications issued in this regard. Thus, our Client states that disputes have arisen between the parties and further repeated attempts to amicably settle the disputes regarding the non-payment of amounts due to them have been made. Therefore, bearing in mind the situation as set out hereinabove, our Client is left with no other alternative but to invoke arbitration in accordance with Clause [_] of the (Agreement/Contract). The AAMHd arbitration clause is reproduced below for your ready reference: “Write the whole arbitration clause in the agreement”. In terms of Clause [_] of the (Agreement/Contract) (reproduced above) we on behalf of Our Client nominate [•] as the Arbitrator on behalf of our Client. You are therefore requested to nominate the Arbitrator on your behalf and inform us of the same within a period of 30 (thirty) days from the date of receipt of the present notice, failing which our Client shall be constrained to file appropriate proceedings in this regard, which please note. OR

Aasra ADR Institute AAMH ADR Rules 53 Hence, by way of the present notice my client duly invokes the arbitration clause for settlement of the dispute and accordingly, it is incumbent upon your good self to suggest the names of the learned individuals for the appointment of the impartial and independent sole Arbitrator and inform the same to my client within a period of 7 (seven) days from the date of receipt of the present notice, failing which my client shall be constrained to file appropriate proceedings in this regard, which your good self may please note. Yours Truly (……………) Advocate

Aasra ADR Institute AAMH ADR Rules 54 Annexure III – Arbitrators’ Declaration Case Name and No.: Arbitrator name: Arbitrator nationality(ies): I accept my appointment as Arbitrator in this proceeding and make the following declarations: 1. To the best of my knowledge, there is no reason why I should not serve on the Tribunal constituted by AAMH (“the Centre”) in this proceeding. 2. I am impartial and independent of the parties, and shall judge fairly, in accordance with the applicable law. 3. I shall not accept any instruction or compensation with regard to the arbitration from any source except as provided in the ________. 4. I understand that I am required to disclose: a. My professional, business and other significant relationships, within the past five years with: i. the parties; ii. the parties’ representatives; iii. other members of the Tribunal (presently known); and iv. any third-party funder disclosed pursuant to click to select b. Investor-State cases within the past five years in which I have been or am currently involved as counsel, Conciliator, Arbitrator, ad-hoc Committee member, Fact- Finding Committee member, Mediator or expert; and c. Other circumstances that might reasonably cause my independence or impartiality to be questioned. [Select one]: ☐ I have disclosures to make under paragraph 4(a), 4(b) and/or 4(c) and a statement setting these forth is attached. ☐ I have no such disclosures to make and attach no statement. 5. I acknowledge that I have a continuing obligation to disclose any change of circumstances which might cause my independence or impartiality to be questioned, and will promptly notify the Secretary-General of any such circumstances. 6. I shall keep confidential all information coming to my knowledge as a result of my participation in this arbitration, including the contents of any Award made by the Tribunal.

Aasra ADR Institute AAMH ADR Rules 55 7. I will not engage in any ex parte communication concerning this arbitration with a party or its representative. 8. I have sufficient availability to perform my duties as Arbitrator in an expeditious and cost-effective manner and in accordance with the time limits in the applicable arbitration rules. My availability in the next 24 months, as currently known by me, is indicated below. 9. I confirm that I will not accept new commitments that would conflict with or interfere with my capacity to perform my duties in this arbitration. 10. I will adhere to the Memorandum on Fees and Expenses in AAMH Proceedings published by the Centre. 11. I attach my current curriculum vitae. ___________________ Signature (sign manually or in electronic format) ______________ Date

Aasra ADR Institute AAMH ADR Rules 56 Annexure IV – Letter Inviting For Conciliation Registered A.D. From: ………………………. .…..……………… …………………… To…………………… …………………… Dear Sir, Conciliation of disputes 1. Please refer to your letter suggesting to settle the disputes occurred between us in respect of the partnership business carried on by us in ……………………. under the name and style of M/s…………at……………under Agreement of ……………….. dated …………………… 2. I hereby invite you to commence conciliation proceedings to settle our disputes with the assistance of Shri ……………… who may act as Conciliator. Shri …………the proposed Conciliator has given his consent to act as Conciliator to conciliate the disputes occurred between us. If you accept the proposal for conciliation, an agreement may be executed between us for referring the disputes to conciliation. 3. You are requested to please communicate your acceptance about the invitation to conciliation within a period of one month from the date of issue of this letter, failing which it will be presumed that you have rejected the invitation for conciliation of disputes. Thanking you, Yours faithfully, Arise ( )

Aasra ADR Institute AAMH ADR Rules 57 Annexure V – Fee Schedules Fee Schedules Fee Schedule for Domestic Commercial Arbitration I ADMINISTRATIVE FEES Sr.No. Amount of Dispute (in Rs.) Amount of Fee (in Rs.) 1. where the total amount in dispute does not exceed Rs. 5 lakh 22,500 2. where the total amount in dispute exceeds Rs. 5 lakh but does not exceed Rs. 20 lakh Rs. 22,500 plus 1.75 per cent. of the amount by which the total amount in dispute exceeds Rs. 5 lakh 3. where the total amount in dispute exceeds Rs. 20 lakh but does not exceed Rs. 1 crore Rs. 48,750 plus 1.5 per cent. of the amount by which the total amount in dispute exceeds Rs. 20 lakh 4. where the total amount in dispute exceeds Rs. 1 crore but does not exceed Rs. 10 crore Rs. 1,68,750 plus 0.75 per cent. of the amount by which the total amount in dispute exceeds Rs. 1 crore 5. where the total amount in dispute exceeds Rs. 10 crore but does not exceed Rs. 20 crore Rs. 13,43,750 plus 0.25 per cent. of the amount by which the total amount in dispute exceeds Rs. 20 crore with a ceiling limit of Rs. 15 lakhs Note (1) Where dispute cannot be expressed in terms of money or the total amount in dispute is below Rs. 2 lakh, the AAMH Board shall determine the amount of administrative fees, in their discretion, in each case. (2) Non-refundable fee referred to in rule 37 (2) (AAMH ADR acts only as appointing authority) Rs. 15,000

Aasra ADR Institute AAMH ADR Rules 58 II ARBITRATOR’S FEE REFERRED TO IN RULE 28 Sr.No. Amount of Dispute (in Rs.) Amount of Fee (in Rs.) For one Arbitrator (in rupees) (i) where the total amount in dispute does not exceed Rs. 5 lakh (ii) where the total amount in dispute exceeds Rs. 5 lakh but does not exceed Rs. 20 lakh (iii) where the total amount in dispute exceeds Rs. 20 lakh but does not exceed Rs. 1 crore (iv) where the total amount in dispute exceeds Rs. 1 crore but does not exceed Rs. 10 crore (v) where the total amount in dispute exceeds Rs. 10 crore but does not exceed Rs. 20 crore (vi) where the total amount in dispute exceeds Rs. 20 crore (vi) where the total amount in dispute exceeds Rs. 20 crore Rs. 45,000 Rs. 45,000 plus 3.5% of the amount by which the total amount in dispute exceeds Rs. 5 lakh Rs. 97,500 plus 3% of the amount by which the total amount in dispute exceeds Rs. 20 lakh Rs. 3,37,500 plus 1 per cent. of the amount by which the total amount in dispute exceeds Rs. 1 crore Rs. 12,37,500 plus 0.75 per cent. of the amount by which the total amount in dispute exceeds Rs. 10 crore Rs. 19,87,500 plus 0.5 per cent. of the amount by which the total amount in dispute exceeds Rs. 20 crore with a ceiling of Rs. 30 lakhs Note (1) Where the arbitral tribunal consists of a Sole Arbitrator, he shall be entitled to an additional amount of 25% on the fee payable as mentioned above. (2) Where the dispute cannot be expressed in terms of money or the total amount in dispute is below Rs. 2 lakh, the arbitral tribunal shall determine the amount of fee in each case. III CHARGES FOR FACILITIES referred to in rule 36 (6) Rs. 4,000/- for one day or part thereof plus Rs. 500/- Wi-fi charges for two hours (Optional) plus Rs. 500/- Documentation Camera charges for two hours (optional) plus Rs. 1,000/- Stenographic service charges (optional) Note Where the facilities are provided in a place other than that of AAMH's, the charges will be determined in each case and billed separately.

Aasra ADR Institute AAMH ADR Rules 59 Fee schedule for Domestic Non-Commercial Arbitration I ADMINISTRATIVE FEES referred to in rule 37(1) and 37(2) Sr.No. Amount of Dispute (in Rs.) Amount of Fee (in Rs.) 1. Fee referred to in rule 37(1) (where AAMH acts as appointing authority and administrator) Where the dispute can be expressed in terms of money, the administrative fees will be the same as applicable for domestic commercial arbitration. Note Where the dispute cannot be expressed in terms of money or the total amount in dispute is below Rs. 2 lakh, the Secretary-General shall determine the amount of administrative fee, in his discretion in each case. 2. Non-refundable fee referred to in rule 37(2) (where AAMH acts only as appointing authority) 15,000 II ADMINISTRATOR’S FEE 1. Fee referred to in rule 28 Where the dispute can be expressed in terms of money, the arbitrator's fees will be the same as applicable for domestic commercial arbitration. Note Where the dispute cannot be expressed in terms of money or the total amount in dispute is below Rs. 2 lakh, the arbitral tribunal shall determine the amount of fee in each case. III CHARGES FOR FACILITIES 1. referred to in rule 36(6) Rs. 4,000/- for one day or part thereof plus Rs. 500/- Wi-fi charges for two hours (Optional) plus Rs. 500/- Documentation Camera charges for two hours (optional) plus Rs. 1,000/- Stenographic service charges (optional) Note Where the facilities are provided in a place other than that of AAMH’s, the charges will be determined in each case and billed separately.

Aasra ADR Institute AAMH ADR Rules 60 Fee schedule for International Commercial Arbitration I ADMINISTRATIVE FEES (referred to in rule 37 (1) and 37(2) Sr.No. Amount of Dispute (in US$) Amount of Fee (in US$) 1. Fee referred to in rule 37 (1)- (Where AAMH acts as appointing authority and administrator). (a) where the total amount in dispute does not exceed $50,000 US$ 1,500 (b) where the total amount in dispute exceeds $50,000 but does not exceed $1,75,000 $1,500 plus 3 per cent. of the amount by which the total amount in dispute exceeds $50,000 (c) where the total amount in dispute exceeds $1,75,000 but does not exceed $5,00,000 $11,750 plus 1 per cent. of the amount by which the total amount in dispute exceeds $5,00,000 (d) where the total amount in dispute exceeds $10,00,000 but does not exceed $20,00,000 $16,750 plus 0.5 per cent. of the amount by which the total amount in dispute exceeds $10,00,000. (e) where the total amount in dispute exceeds $20,00,000 but does not exceed $50,00,000 $21,750 plus 0.25 per cent. of the amount by which the total amount in dispute exceeds $20,00,000 (f) where the total amount in dispute exceeds $50,00,000 $29,250 plus 0.125 per cent. of the amount by which the total amount in dispute exceeds $50,00,000 with a ceiling of $35,000. Note 1. Where dispute cannot be expressed in terms of money, the Secretary-General shall determine the amount of administrative fees, in his discretion, in each case. 2. Non-refundable fee referred to in rule 37(2) (AAMH ADR acts only as appointing authority) US $ 1000 II ADMINISTRATOR’S FEE referred to in rule 28 Sr.No. Amount of Dispute (in US$) Amount of Fee (in US$) (for one arbitrator) 1. where the total amount in dispute does not exceed $50,000 $3,000 2. where the total amount in dispute exceeds $50,000 but does not exceed $1,75,000 $3,000 plus 5% of the amount by which the total amount in dispute exceeds $50,000 3. where the total amount in dispute exceeds $ 1,75,000 but does not exceed $5,00,000 $9,250 plus 4 per cent. of the amount by which the total amount in dispute exceeds $1,75,000 4. where the total amount in dispute exceeds $ 5,00,000 but does not exceed $10,00,000 $22,250 plus 3 per cent. of the amount by which the total amount in dispute exceeds $5,00,000 5. where the total amount in dispute exceeds $10,00,000 but does not exceed $20,00,000 $37,250 plus 2 per cent. of the amount by which the total amount in dispute exceeds $10,00,000

Aasra ADR Institute AAMH ADR Rules 61 6. where the total amount in dispute exceeds $20,00,000 but does not exceed $50,00,000 $57,250 plus 1 per cent. of the amount by which the total amount in dispute exceeds $20,00,000 7. where the total amount in dispute exceeds $50,00,000 $87,250 plus 0.5% of the amount by which the total amount in dispute exceeds $50,00,000 with a ceiling of $ 1,00,000 Note Where the dispute cannot be expressed in terms of money, the arbitral tribunal shall determine the amount of fee in each case. III CHARGES FOR FACILITIES 1. referred to in rule 36 (6) US$ 350 for one day or part thereof plus $50 Wi-fi charges for two hours (optional), plus $50 Documentation Camera charges for two hours (optional) plus $100 Stenographic service charges (optional). Note Where the facilities are provided in a place other than that of AAMH’s, the charges will be determined in each case and billed separately.