[14th
September 2023] In exercise of powers
conferred by Section 89 read with Rule 1-A of the Order X and Part X of the
Code of Civil Procedure, 1908, the High Court of Gujarat hereby makes the
following rules to amend the Arbitration Centre (Domestic and International),
High Court of Gujarat Rules, 2021, namely:- (1)
These Rules may be called the Arbitration
Centre (Domestic and International), High Court of Gujarat (Amendment) Rules,
2023 (Amendment No. 1 of 2023). (2)
They shall come into force with immediate
effect. In Rule 4.1(a), the word
"Three", shall be substituted by the word "Six". After Rule 25.8, the
following rule shall be inserted, namely: "25(A)
: The procedure under Rule 24 and 25 shall be completed within a period of 6
months from the date of the Arbitrator or all the Arbitrators, as the case may
be, have received the notice in writing, of their appointment." In Rule 34.4, the words
"arbitral tribunal enters upon the reference", shall be substituted
by the words "completion of pleadings under Rule 24 and Rule 25". In Rule 44.1,- In 6th raw of the table
under the above said Rule 44.1, wherever figure 30,00,000 appears, insert
character " * " after the figure. Below the table of Rule 44.1,
the following words shall be Insert - " * The Ceiling limit
of Rs.30 lacs as interpreted by Honble Supreme Court in Case of ONGC V/s. AFCON
[2022-AIR(SC)-0-4413] is applicable to Rule 44.1 of GHAC Rules-2021.". Note (2) shall be
substituted by the following words - "The Arbitrator Fee
shall be calculated separately on claim and counter-claim and ceiling limit of
Rs.30 lacs will applicable separately on claim and counter claim" In the Schedule-VI [Rule
6.1(g)], clauses (a), (b) and (c), shall be substituted by the following
clauses and clause (d) shall be inserted:- "(a)
Where the parties have requested the
Director of the Centre to use facilities of the Centre in the First Session
i.e. from 11:00 am to 2:00 pm or the Second Session i.e 3:00 pm to 6:00 pm,
parties have to make advance payment of Rs.2000/- per session for one day. (b) Where the parties have requested the Director
of the Centre to use facilities of the Centre for the Full day i.e. from 11:00
am to 6:00 pm, parties have to make advance payment of Rs.2500/- . (c) Above referred charges, shall be towards the
services of Administrative Staff like Steno, Peon, Computer etc. but will be
exclusive of cost incurred on the refreshment viz. Tea, coffee, snacks etc,
which will be chargeable as per applicable rate notified by the
canteen/supplier/Contractor. (d) In case of usage of Centre on Nonworking
Saturday and Sundays, parties have to make 25% additional payment of the amount
shown in clause (a) and (b)."Arbitration
Centre (Domestic And International), High Court Of Gujarat (Amendment) Rules,
2023