NASCAP IPR ARBITRATION & MEDIATION(NIAM) CENTER
NIAM ARBITRATION code, 2019
(EFFECTIVE, Feb 2019)
ADAPTED from WIPO arbitration RULES EFFECTIVE, 2014, AS AMENDED TILL DATE, and
In COMPLIANCE TO INDIAN ARBITRATION & CONCILIATION ACT, 1996, AS AMENDED TILL DATE
"Law and order are the medicine of the body politic and when the body politic gets sick, medicine must be administered. We must stand on our own feet and fight as best as we can for our rights. So carry on your agitation and organize your forces. Power and prestige will come to you through struggle."
"Discourage litigation. Persuade your clients to compromise, whenever you can. Point out to them the nominal winner is often a real loser; in fees, expenses and waste of time. As a peace-maker, the lawyer has a superior opportunity of being a good person."
"Creation of a vibrant ecosystem for institutional arbitration is one of the foremost priorities of our government.The government recently introduced major amendments to the arbitration and Conciliation Act to ensure that the arbitration process is easy,timely and hassle-free."
Preamble to NASCAP Arbitration Code
The NIAM Arbitration Code, 2019 effective February, 2019 are adapted from the enactment of World Intellectual Property Organization (“WIPO”), 2014 and are in Compliance to Indian Arbitration and Conciliation Act, 1996, as amended till date.
The Code is aimed to deal with increasing complexity of disputes involving violations of Intellectual Property Rights, Cyber Laws, E-Commerce, and Techno-Commercial Contracts, wherein special inputs in multidisciplinary subjects like Law, Sciences, Mathematics, Engineering and Accountancy is required to adjudicate matters in an expedited manner. The provisions of the Code will be invoked upon any consenting parties agreeing to adjudicating disputes under the Rules and Regulations framed herein under, as amended from time to time.
The Code is applicable to all parties within the Republic of India, or with International Part(ies), having at-least One Party to dispute within the jurisdiction of Republic of India.
The Model Arbitration Clause for contracts to be used
“All disputes arising out of or in connection with the present contract shall be determined by arbitration administered under the NIAM Arbitration Code, 2019 of NASCAP IPR Arbitration & Mediation Center. The Abstraction shall be conducted by sole/ three/ five Arbitrator(s) appointed in accordance with the said Code. The place of Arbitration shall be _____________ and language will English.
Optional: The parties agree, pursuant to Article 37 (d) that the Expedited Procedure shall apply irrespective of the amount in dispute”.