Arbitration Rules, 2025
PART I – PRELIMINARY
Preamble
These Rules govern all arbitration proceedings administered by SettleSense Private Limited, a company providing Alternative Dispute Resolution (ADR) services across India through both online and offline means.
“Sorted” refers to SettleSense and its dispute resolution platform and related services. All references to “Sorted” in these Rules shall be deemed to refer to SettleSense Private Limited or its duly authorized Board of Directors.
These Rules are designed to promote a fair, efficient, and accessible arbitration process, compliant with the Arbitration and Conciliation Act, 1996 (as amended), and any other applicable laws in force in India.
Rule 1: Short Title and Commencement
These Rules may be cited as the Sorted. Arbitration Rules, 2025, and shall come into effect from the date from 1 July 2025.
Rule 2: Definitions
Unless the context otherwise requires:
(a) “Act” means the Arbitration and Conciliation Act, 1996 (No. 26 of 1996), including all amendments made thereto from time to time. (b) “Arbitral Tribunal” or “Tribunal” means a sole arbitrator or a panel of arbitrators appointed in accordance with these Rules. (c) “Award” includes interim, partial, final, or additional arbitral awards as defined under the Act. (d) “Board” means the Board of Directors of SettleSense Private Limited, which serves as the primary authority responsible for administrative decisions under these Rules. (e) “Case Manager” refers to an individual appointed by SettleSense to support and coordinate the conduct of arbitration proceedings under these Rules. The Case Manager shall act as the primary point of contact for the Parties and the Arbitral Tribunal on administrative matters. (f) “Communication” includes all written or electronic exchanges — including emails, notices, messages via Sorted’s platform, or physical correspondence — made between the Parties, the Arbitral Tribunal, or SettleSense. (g) “Court” means a court as defined under the Arbitration and Conciliation Act, 1996 or any other applicable law in force in India. (h) “Days” means calendar days, excluding Saturdays, Sundays, and officially notified national holidays on which SettleSense is not open for business. If the last day of a prescribed period falls on such a day, the period shall extend to the next working day on which SettleSense operates. (i) “Evidence” means all documentary, oral, electronic, or other material submitted by a Party to support its claims or defences during the arbitration. (j) “Hearing” includes any physical, virtual, or hybrid session convened by the Arbitral Tribunal for oral arguments, examination of witnesses, or procedural discussions. (k) “Interim Measures” means any temporary relief granted by the Arbitral Tribunal or a court to preserve the rights of the parties or prevent prejudice to the arbitration before final resolution of the dispute. (l) “Panel” means the official list of arbitrators maintained and approved by SettleSense. (m) “Pre-Resolution Communication” refers to the initial communication by the Case Manager or an authorized representative of SettleSense to either or both parties, made before the commencement of proceedings, to explain the procedural rules, party responsibilities, and administrative support available under these Rules. (n) “Party” or “Parties” includes any individual, firm, company, government body, local authority, trust, partnership, or other legal entity participating in arbitration under these Rules. (o) “Platform” means the digital interface maintained by SettleSense through which online arbitration-related services are conducted, including communication, document upload, scheduling, and case tracking. (p) “Registrar” means any person or office designated by the Board to manage the registry and administrative tasks related to arbitration under these Rules. (q) “Rules” means these Sorted. Arbitration Rules, 2025. (r) “Seat” means the juridical place of arbitration as agreed upon by the parties or determined under these Rules, which shall govern the procedural law of the arbitration and identify the court of competent jurisdiction. (s) “Sorted” refers to SettleSense Private Limited as outlined by the preamble. References to “Sorted” in these Rules shall mean SettleSense Private Limited or its duly authorized officers, unless the context indicates otherwise. (t) “Statement of Claim” means the pleading filed by the Claimant setting out the facts, legal grounds, relief sought, and accompanying evidence in support of the claim. (u) “Statement of Defence” means the pleading filed by the Respondent in reply to the Statement of Claim, including any counterclaims, defences, and accompanying documents. (v) “Venue” means the actual location whether physical, virtual or a combination of both where hearings or procedural events are conducted, including Sorted’s online dispute resolution platform. The venue may be different from the seat.Rule 3: Scope and Application
3.1 These Rules shall apply to all arbitration proceedings administered by Sorted, where:
(a) The parties have agreed in writing to refer their disputes to arbitration under the Sorted. Arbitration Rules; or (b) The parties have incorporated Sorted’s model arbitration clause in their contract or agreement; or (c) The arbitration clause in the agreement refers to Sorted, SettleSense, or to any arbitration rules administered by a recognized institutional platform that includes Sorted; or (d) The parties, after a dispute has arisen, agree in writing to submit their dispute to arbitration administered under these Rules; or (e) A competent court, under Section 8 or Section 89 of the Arbitration and Conciliation Act, 1996, refers the dispute to arbitration with Sorted as the administering body.3.2 These Rules apply to domestic arbitrations involving defined legal relationships, whether contractual or not, where all parties:
(a) Are natural persons who are Indian nationals; or (b) Are entities incorporated or registered in India; or (c) Are government bodies, public sector undertakings, or local authorities governed by Indian law.3.3 The commencement of arbitration under these Rules shall be deemed to be an agreement between the parties to abide by these Rules in entirety, subject to any express modifications mutually agreed upon by the parties in writing, and not inconsistent with the Act.
3.4 In case of any inconsistency between these Rules and any mandatory provision of the applicable law, including the Arbitration and Conciliation Act, 1996, the latter shall prevail.
Rule 4: Interpretation, Notices, and Time Calculations
4.1 Interpretation of Rules
(a) These Rules shall be interpreted in a manner consistent with the objectives of fairness, efficiency, party autonomy, and technological accessibility. (b) Any procedural matter not expressly provided for in these Rules shall be decided by the Arbitral Tribunal or the Board, as applicable, in a manner consistent with the principles of the Arbitration and Conciliation Act, 1996.4.2 Language of Interpretation
(a) The English language shall be the default language of the arbitration, unless the parties or the tribunal decide on another language. (b) All communications, submissions, notices, and awards under these Rules shall be in English, unless expressly agreed by the parties and approved by the Arbitral Tribunal.4.3 Communication and Notices
(a) Any notice or written communication required under these Rules or the Act may be transmitted by: i. Physical delivery (registered post or courier); ii. Electronic means, including but not limited to email or communications made through the official Sorted platform; or iii. Any other mode agreed upon by the parties. (b) A notice is deemed to have been received: i. On the date it is delivered personally or at the recipient’s place of business, residence, or known address; ii. If sent electronically, on the date it is transmitted to the designated email address or platform account; iii. If delivery cannot be completed after reasonable effort, on the date of attempted delivery at the last known address or via electronic record. (c) Proof of delivery or attempted delivery by the transmitting party shall be sufficient unless contested with substantiated grounds.4.4 Calculation of Time Periods
(a) For the purposes of calculating any time period under these Rules: i. The period shall begin on the day following the date on which a notice or communication is deemed received. ii. If the last day of the period falls on a Saturday, Sunday, or officially notified national holiday on which Sorted is not operational, the period shall extend to the next working day. iii. Intermediate Saturdays, Sundays, and holidays are included in the calculation unless specified otherwise. (b) Time limits prescribed under the Arbitration and Conciliation Act, 1996 including timelines for filing responses, counterclaims, statements of defence, and issuance of awards shall apply unless modified by mutual agreement of the parties or extended by the Arbitral Tribunal as per law. (c) The entirety of the Arbitration Proceedings (from commencement to passing of award) shall be completed within the time period as set by Section 29A of the Act.Part II – Arbitral Proceedings
Rule 5: Commencement of Arbitration Proceedings
5.1 Request for Arbitration
A party wishing to commence arbitration under these Rules (the “Claimant”) shall file a Request for Arbitration with Sorted, providing:
(a) Names and contact information of the Claimant and Respondent; (b) A brief description of the nature of the dispute and, where quantifiable, the quantum of the claim; (c) A copy of the arbitration agreement invoked—whether a pre-existing clause, reference to the Sorted Arbitration Clause, or a referral from a court under Section 8 or 89 of the Arbitration and Conciliation Act, 1996; (d) A proposal, if any, regarding the number of arbitrators, language, and seat of arbitration.The applicable registration fee and any preliminary administrative charges as prescribed by Sorted must be paid by the Claimant at the time of filing. Sorted will not process the request until such fees are paid.
5.2 Communication of Notice to Respondent
(a) Upon receiving a complete Request for Arbitration along with the requisite fee, Sorted shall communicate the Notice of Arbitration to the Respondent, along with the accompanying documents. This communication shall constitute the commencement of arbitral proceedings under Section 21 of the Arbitration and Conciliation Act, 1996. (b) Where there is no pre-existing arbitration agreement, this Notice may function as an Invitation to Arbitrate.5.3 Scrutiny of Documents
Sorted reserves the right to reject a Request for Arbitration at any stage before the constitution of the Arbitral Tribunal if it finds that:
(a) The documents or claims submitted are materially false or misleading; or (b) The dispute is manifestly frivolous, abusive, or outside the scope of these Rules.Such rejection shall not preclude the Claimant from seeking relief before another competent forum.
5.4 Response to Notice of Arbitration
The Respondent shall submit a Response to the Notice of Arbitration within thirty (30) days of receiving it. The Response shall include:
(a) Preliminary objections, if any, to jurisdiction or admissibility; (b) A reply to the Claimant’s claim and a statement of any counterclaims or alternate position regarding the quantum in dispute; (c) Agreement or counter-proposal regarding the number of arbitrators, seat, and language.5.5 Appointment of Case Manager
(a) Upon registration of the dispute by the Claimant with Sorted, a Case Manager shall be appointed by Sorted to assist the Claimant throughout the arbitration process. The Case Manager shall guide the Claimant regarding the procedural steps, available dispute resolution options, and required documentation under these Rules. (b) Once the Respondent accepts or acknowledges the Notice of Arbitration, a separate Case Manager shall be assigned to the Respondent. The Case Manager shall serve as the primary administrative point of contact between the Parties and Sorted, and shall coordinate with the Tribunal upon its constitution. (c) The Case Manager shall act neutrally and shall not participate in the decision-making or merits of the arbitration.Rule 6: Number of Arbitrators
6.1 The arbitral tribunal shall consist of either a sole arbitrator or three arbitrators or any odd number of arbitrators, as agreed upon by the parties in their arbitration agreement or through mutual consent.
6.2 If the arbitration agreement does not specify the number of arbitrators, and the parties are unable to reach an agreement within seven (7) days from the date of communication of the Response to the Notice of Arbitration, the dispute shall be referred to a sole arbitrator, unless Sorted considers that the nature and complexity of the dispute necessitates the appointment of three or more arbitrators.
Rule 7: Appointment of Arbitrators
7.1 Where the parties have agreed that the dispute shall be resolved by a sole arbitrator, they shall jointly nominate the arbitrator within seven (7) days of such agreement. The nominated arbitrator may be selected from outside or from within the panel maintained by Sorted.
7.2 If the parties fail to jointly nominate a sole arbitrator within the time stipulated in Rule 7.1, the appointment shall be made by Sorted, and such appointment shall be final and binding on the parties.
7.3 In cases where the tribunal is to consist of three arbitrators:
(a) Each party shall nominate one arbitrator within seven (7) days of being called upon to do so by Sorted; and (b) The two party-nominated arbitrators shall, within seven (7) days of their appointment, jointly nominate the third arbitrator to serve as the presiding arbitrator from the panel maintained by Sorted.7.4 If a party fails to nominate an arbitrator within the prescribed period, or if the two nominated arbitrators fail to agree on the appointment of the presiding arbitrator within the specified time, Sorted shall make the necessary appointment(s), and such appointment shall be final and binding.
7.5 Where the parties have not agreed on the mode of appointment or fail to act as required under this Rule, Sorted shall have the authority to determine the number of arbitrators and make all necessary appointments in accordance with these Rules and the applicable provisions of the Arbitration and Conciliation Act, 1996.
7.6 Where there are more than two parties to the arbitration and the dispute is to be referred to a three-member arbitral tribunal, the following procedure shall apply unless otherwise agreed by all parties:
(a) The Claimant(s) jointly shall nominate one arbitrator, and the Respondent(s) jointly shall nominate the second arbitrator, in accordance with the procedure set out in Rule 7.3. (b) The two party-nominated arbitrators shall, within seven (7) days of their appointment, jointly nominate the third arbitrator to act as the presiding arbitrator from the panel maintained by Sorted, in accordance with Rule 7.3(b). (c) All members of the arbitral tribunal, including the presiding arbitrator, shall be appointed by Sorted, with or without regard to any prior nominations made by the parties if: i. any group of parties fails to make a joint nomination as required; or ii. the parties do not all agree that they represent two distinct sides (as Claimant and Respondent, respectively) for the purpose of nominating arbitrators; or iii. the two nominated arbitrators fail to jointly nominate the presiding arbitrator within the prescribed time.Rule 8: Qualifications, Disclosure, Challenge, and Termination of Arbitrators
8.1 Qualifications of Arbitrators: Arbitrators appointed under these Rules shall be individuals of integrity, impartiality, and independence. They must possess the qualifications agreed upon by the parties or, in the absence of such agreement, have relevant legal, technical, or industry expertise suited to the nature of the dispute. Sorted may maintain a panel of empaneled arbitrators, but parties shall remain free to nominate any individual, subject to acceptance of these Rules and the requirements of this Rule.
8.2 Disclosure Obligations:
(a) Every individual proposed for appointment as an arbitrator shall, before confirmation of their appointment, sign a written statement disclosing any circumstances that are likely to give rise to justifiable doubts as to their independence, impartiality, or ability to devote sufficient time to the arbitration. (b) The declaration shall be submitted in the form prescribed under the Sixth Schedule of the Act along with a general statement of availability to ensure adherence to the statutory timelines. (c) This obligation is continuing in nature. If any new conflict arises during the course of proceedings, the arbitrator shall immediately disclose such information to Sorted, the parties, and the co-arbitrators, if any. (d) Upon receipt of a disclosure, Sorted shall promptly communicate the same to all parties, and the parties shall have the right to raise any concerns or initiate a challenge under Rule 8.3.8.3 Challenge to the Appointment of Arbitrators: A party may challenge the appointment of an arbitrator if:
(a) Circumstances exist that give rise to justifiable doubts as to the arbitrator’s impartiality or independence; (b) The arbitrator does not meet the qualifications agreed upon by the parties under Rule 8.1; (c) The arbitrator fails to disclose a material conflict under Rule 8.2; (d) The arbitrator is found to have a conflict that would render their appointment invalid under applicable law.The procedure for challenging an arbitrator shall be as follows:
i. A challenge shall be made in writing, addressed to Sorted, within seven (7) days of the party becoming aware of the constitution of the tribunal or of the circumstances giving rise to the challenge. ii. The written challenge shall include the name of the arbitrator challenged, the reasons for the challenge, and supporting documentation, if any. iii. If the challenged arbitrator does not withdraw from office, and the other party does not agree to the challenge within five (5) days, the decision on the challenge shall be made by Sorted within seven (7) days of receipt of the complete challenge. iv. The decision of Sorted on such challenge shall be final and binding. v. During the pendency of the challenge, the arbitral proceedings may continue unless Sorted directs otherwise.8.4 Termination of Mandate of Arbitrator: The mandate of an arbitrator shall stand terminated if:
(a) The arbitrator withdraws voluntarily from the proceedings; (b) The parties mutually agree to terminate the appointment; (c) The arbitrator becomes de jure or de facto unable to perform their functions, including: i. Death or permanent incapacity; ii. Any condition, including illness, that prevents timely participation; iii. Failure to act without undue delay; iv. A challenge under Rule 8.3 is accepted by Sorted. (d) The arbitrator contravenes the mandates of the Act and/or Sorted’s Code of Conduct.8.5 Effect of Termination: Any procedural orders or interim directions issued by the tribunal prior to the termination of an arbitrator shall remain valid and binding unless otherwise determined by the reconstituted tribunal or agreed to by the parties.
8.6 Notification and Record: Sorted shall notify the parties in writing of the termination of an arbitrator's mandate and initiate replacement proceedings as per Rule 9. All challenges and disclosures shall be recorded and maintained confidentially by Sorted for future reference and transparency.
Rule 9: Replacement of Arbitrators
9.1 Grounds for Replacement
An arbitrator shall be replaced in the following circumstances:
(a) Where the arbitrator’s mandate has been terminated in accordance with Rule 8.4; (b) Upon acceptance of a valid challenge under Rule 8.3; (c) Where an arbitrator has died, resigned, or otherwise withdrawn from the proceedings; (d) Where an arbitrator fails to participate in the proceedings or respond to communications for more than seven (7) consecutive days without valid reason; (e) Where an arbitrator is found to have violated any mandatory disclosure obligations or timelines without sufficient cause, at the discretion of Sorted.9.2 Procedure for Replacement
(a) The replacement arbitrator shall be appointed in accordance with the same procedure applicable to the appointment of the original arbitrator as under Rule 7 of the Sorted Arbitration Rules 2025. (b) The following timelines and methods shall apply based on who appointed the original arbitrator: i. If the original arbitrator was appointed by a party, that party shall nominate a substitute arbitrator within seven (7) days from the date on which Sorted notifies the parties of the vacancy. ii. If the original arbitrator was jointly nominated by both parties, they shall jointly agree on a substitute arbitrator within ten (10) days of the notification of the vacancy. iii. If the original arbitrator was appointed by Sorted, Sorted shall appoint the replacement arbitrator within seven (7) days from the date the vacancy is notified. iv. If the arbitrator to be replaced is the presiding arbitrator in a three-member tribunal, the remaining two arbitrators shall jointly nominate a substitute presiding arbitrator within seven (7) days. Failing such nomination, Sorted shall appoint the presiding arbitrator from its panel within the next five (5) days.9.3 Failure to Appoint a Replacement: If the parties or the co-arbitrators fail to appoint a replacement arbitrator within the prescribed time under Rule 9.2, the replacement shall be appointed by Sorted from its panel or otherwise, as deemed appropriate.
9.4 Effect on Proceedings
(a) Unless otherwise agreed by the parties or directed by the newly constituted tribunal, the arbitration shall continue from the stage already reached at the time of replacement. (b) Procedural orders and directions issued by the previous arbitrator(s) shall remain valid unless modified by the reconstituted tribunal upon written request by any party and for reasons recorded. (c) The reconstituted tribunal shall consider whether any part of the proceedings needs to be repeated in the interest of fairness.9.5 Suspension of Timelines: All procedural timelines under these Rules shall stand suspended from the date on which Sorted notifies the parties of the vacancy in the tribunal until the date of appointment of the substitute arbitrator. Upon reconstitution, the tribunal shall issue fresh procedural directions to account for the delay caused by the replacement.
9.6 Finality and Record: The decision of Sorted regarding replacement and procedural continuity shall be final and binding. All records of resignations, removals, and reappointments shall be maintained confidentially by Sorted.
Rule 10: Jurisdiction of the Arbitral Tribunal
10.1 Competence to Rule on Jurisdiction: The Arbitral Tribunal shall have the power to rule on its own jurisdiction, including any objections with respect to the existence, validity, or scope of the arbitration agreement, in accordance with Section 16 of the Arbitration and Conciliation Act, 1996.
10.2 Jurisdictional Objections: Timelines and Procedure: Any plea that the Arbitral Tribunal does not have jurisdiction, or that it is exceeding the scope of its authority, shall be raised:
(a) no later than the submission of the Statement of Defence; or (b) As soon as the matter alleged to be beyond the scope of the Tribunal’s authority arises during the proceedings.A party shall not be precluded from raising such a plea merely because it has participated in the appointment of an arbitrator. Such plea shall be decided by the Arbitral Tribunal as a preliminary issue, unless the Tribunal determines it appropriate to merge its decision with the final award. If the plea is rejected, the arbitration shall proceed, and the award shall be rendered in due course.
10.3 Judicial Review: Any party aggrieved by the Tribunal’s ruling on jurisdiction may challenge the same only under Section 34 of the Act, after the final award has been made.
10.4 Waiver of Objection: Failure to raise a jurisdictional plea in accordance with this Rule shall be deemed a waiver of such objection, unless the Tribunal is satisfied that the delay was justified under exceptional circumstances.
Rule 11: Interim Reliefs
11.1 Interim Measures by the Arbitral Tribunal: The Arbitral Tribunal may, during the course of the arbitral proceedings, order any interim measures it deems necessary to protect the subject matter of the dispute. These may include, but are not limited to:
(a) Preservation, interim custody, or sale of any goods which are the subject matter of the arbitration; (b) Securing the amount in dispute; (c) Detention, preservation, or inspection of any property or item; (d) Granting interim injunctions or appointing a receiver; (e) Any other interim measure it considers just and appropriate.11.2 Interim Measures by Courts: A party may approach a competent court for interim measures before the constitution of the Arbitral Tribunal, in accordance with Section 9 of the Arbitration and Conciliation Act, 1996. Once the Tribunal is constituted, such applications shall ordinarily be made before the Tribunal under Rule 11.1.
11.3 Procedural Aspects: An application for interim measures before the Tribunal shall:
(a) Be made in writing and clearly state the relief sought and the grounds for such relief; (b) Be communicated to the other party and to Sorted; (c) Be subject to a reasonable opportunity of response by the other party; (d) Be decided by the Tribunal, which may conduct a hearing or decide on documents, as it deems appropriate.11.4 Modification or Revocation of Orders: The Arbitral Tribunal may, on its own motion or upon a party’s request, modify, suspend, or revoke any interim order after giving both parties a reasonable opportunity to be heard.
Rule 12: Seat, Venue and Language
12.1 Seat of Arbitration
(a) The seat of arbitration shall be the legal place of arbitration, determining the applicable procedural law under the Act. (b) If the parties have agreed upon a seat in their arbitration agreement or subsequently, such designation shall prevail. (c) In the absence of such agreement, the seat shall be determined by the Arbitral Tribunal, having regard to the circumstances of the case, including the convenience of the parties, the nature of the dispute, and the interests of justice. (d) The determination of seat by the Tribunal shall be final and binding.12.2 Venue of Arbitration
(a) The venue refers to the physical or virtual location where hearings or meetings take place. (b) Parties may agree to hold hearings at a location different from the seat; in the absence of such agreement, the Tribunal shall determine the venue for hearings. (c) Hearings may be conducted entirely online, offline, or in a hybrid mode, depending on mutual party preference or Tribunal direction.12.3 Language of Arbitration
(a) The language of the arbitration shall English unless there is a language agreed to by the parties in their arbitration agreement. (b) In the absence of such agreement, the Tribunal shall determine the language(s) to be used, considering the contract, correspondence, and convenience of the parties. (c) The Tribunal may order that any documentary evidence in a different language be accompanied by a certified translation, unless waived by mutual agreement.Rule 13: General Conduct of Proceedings
13.1. The Arbitral Tribunal shall adopt procedures ensuring fair, efficient, and expeditious resolution of the dispute, considering the complexity of the matter, the value involved, and the need to avoid unnecessary delay or expense.
13.2. Subject to these Rules and the Arbitration and Conciliation Act, 1996, the Tribunal shall have the discretion to determine the procedure to be followed in the conduct of the arbitration, including the manner of taking evidence, the format and mode of hearings, and written submissions.
13.3. The parties may agree to modify the procedure as set out in these Rules, provided such modification is communicated to Sorted and approved by the Tribunal. No such modification shall override any mandatory provision of applicable law.
13.4. The Tribunal may conduct preliminary meetings with the parties to determine timelines, procedural directions, and any interim arrangements necessary for the effective conduct of proceedings.
13.5. The Tribunal may determine whether hearings are to be conducted in person, virtually, or in hybrid form, considering the convenience of the parties and the nature of the dispute.
13.6. The Tribunal shall encourage procedural efficiency, including by imposing timelines, limiting the length or scope of pleadings, and restricting presentation of irrelevant evidence or witnesses.
13.7. The Tribunal shall ensure that proceedings are conducted in a manner that facilitates fair, efficient, and legally sound resolution of the dispute.
13.8. Each party may be represented by one or more authorized representatives, including legal counsel. The names and contact details of such representatives shall be communicated in writing to Sorted, the other party, and, once constituted, to the Tribunal. Any change in representation after the constitution of the Tribunal must be promptly notified to Sorted, the Tribunal, and the other party.
13.9. The Tribunal may take appropriate procedural measures to maintain the integrity and efficiency of the proceedings. These may include warnings, adverse cost orders, or exclusion of submissions in cases of frivolous claims, obstructionist conduct, or abusive procedural tactics.
13.10. The parties may mutually agree in writing to depart from any procedural requirement under this Part, provided that such departure is not inconsistent with any mandatory provision of the Arbitration and Conciliation Act, 1996. Any such agreement shall be effective only upon approval by Sorted and the Arbitral Tribunal. Sorted and the Tribunal shall assess whether the proposed deviation maintains fairness, procedural integrity, and does not unduly delay or prejudice the proceedings.
Rule 14: Submission of Statements of Claim and Defence
14.1 Statement of Claim
Within ten (10) days from the constitution of the Arbitral Tribunal, the Claimant shall submit its Statement of Claim to Sorted, the Arbitral Tribunal, and the Respondent. This shall include:
(a) A detailed statement of facts; (b) Points at issue and legal grounds relied upon; (c) Reliefs or remedies sought; (d) All supporting documents and witness lists, if applicable.14.2 Statement of Defence
Within fifteen (15) days from the date of receipt of the Statement of Claim, the Respondent shall submit its Statement of Defence to Sorted, the Arbitral Tribunal, and the Claimant. This shall include:
(a) A point-wise response to the Statement of Claim; (b) Any objections with respect to jurisdiction, arbitrability, or competence of the Tribunal; (c) Any counterclaims, if asserted, including factual and legal basis; (d) All supporting documents and witness lists, if applicable.14.3 Counterclaims: Any counterclaims shall be filed with the Statement of Defence. The Tribunal may, in exceptional circumstances and at its discretion, permit late filing of counterclaims, subject to a reasonable justification and without prejudicing the Claimant.
14.4 Reply and Rejoinder: The Tribunal may allow, within timelines it prescribes, submission of further pleadings including replies to defence and rejoinders to counterclaims, if deemed necessary for complete adjudication.
14.5 Consolidation of Documents: Each party shall submit their pleadings along with all supporting documents in a consolidated digital format. Additional documents shall not be submitted later without prior leave of the Tribunal.
14.6 Default in Submission: Failure to submit a Statement of Defence within the time prescribed, without sufficient cause, shall not by itself be treated as admission of the Claimant’s case but shall not prevent the Tribunal from proceeding with the arbitration under Section 25(b) of the Act.
14.7 Extension of Timelines: The timelines under this Rule may be extended by Sorted before the constitution of the Tribunal, or by the Tribunal thereafter, upon a reasoned application and with notice to the other party.
Rule 15: Amendments to Pleadings
15.1 Tribunal’s Discretion to Allow Amendments
Subject to procedural fairness and the avoidance of undue delay, the Arbitral Tribunal may permit either party to amend, supplement, or clarify its Statement of Claim, Statement of Defence, counterclaim, reply, or any other pleading, provided that such amendment:
(a) Does not fundamentally alter the nature of the dispute; (b) Does not result in undue prejudice to the other party; and (c) Is accompanied by all necessary supporting documents and disclosures.15.2 Stage of Proceedings
No amendment shall ordinarily be permitted after the Tribunal has declared the proceedings closed for the purpose of rendering the final award, unless exceptional circumstances exist and the Tribunal considers such amendment necessary in the interest of justice.
15.3 Notice and Opportunity to Respond
If an amendment is permitted, the Tribunal shall ensure the opposing party is granted a reasonable opportunity to respond or submit further pleadings, within a time frame it deems appropriate.
Rule 16: Hearings
16.1 Mode of Hearings
The Arbitral Tribunal may conduct hearings in person, online, or in a hybrid format (a combination of both), taking into account the agreement of the parties, the nature and complexity of the dispute, and logistical considerations.
16.2 Default Position
Unless the parties agree otherwise, or the Tribunal determines otherwise in the interest of efficiency and fairness, all hearings shall be conducted online via video conferencing or other secure digital platforms designated by Sorted.
16.3 Location of Physical Hearings
If a physical or hybrid hearing is required, the venue shall be decided in accordance with the provisions relating to the venue of arbitration under these Rules, unless otherwise agreed by the parties.
16.4 Hearing Schedule and Procedure
The Tribunal shall provide reasonable advance notice of the hearing schedule, procedural steps, and logistical details to all parties. It may also issue directions to ensure the orderly conduct of hearings, including allocation of time, use of interpreters, and submission of documents.
16.5 Confidentiality and Integrity
All hearings whether physical, online, or hybrid shall be conducted in a manner that ensures confidentiality, security of communication, and procedural integrity. The Tribunal may issue specific protocols to safeguard the integrity of online proceedings.
Rule 17: Evidence and Discovery
17.1 Tribunal’s Authority over Evidence
The Arbitral Tribunal shall have full discretion to determine the scope, relevance, materiality, admissibility, and weight of any evidence submitted by the parties. The Tribunal may adopt or refer to evidentiary procedures or protocols that it considers appropriate, subject to party agreement and applicable law.
17.2 Types of Evidence
Parties may submit written statements, documents, witness affidavits, expert reports, or oral testimony in support of their claims or defences, subject to the Tribunal’s directions.
17.3 Document Production
(a) The Tribunal may, on its own motion or upon application by a party, order the production of documents in the possession or control of a party where such documents are determined to be relevant and material to the outcome of the dispute. (b) Requests for document production must identify the documents or categories sought and provide sufficient reasoning for their relevance and necessity. (c) The Tribunal shall resolve any objection to such production, including those based on privilege, confidentiality, or disproportionate burden.17.4 Scope and Limits of Discovery
Unless otherwise agreed by the parties or permitted by the Tribunal for specific reasons, no general discovery process shall apply in the arbitration proceedings. The Tribunal may limit the extent of document production or other evidentiary processes where it deems such limitations necessary to ensure procedural efficiency, cost-effectiveness, and avoidance of undue delay.
17.5 Admissibility and Weight of Evidence
The Tribunal shall not be bound by technical rules of evidence as followed in judicial proceedings. It may determine the evidentiary value of any material presented, including the manner and timing of its admission.
17.6 Translation and Format Requirements
All documentary evidence not submitted in the language of arbitration must be accompanied by an accurate translation, unless the Tribunal directs otherwise. The Tribunal may also prescribe the format and manner of evidence submission.
17.7 Preservation of Evidence
The Tribunal may, at the request of a party or on its own initiative, order interim measures for the preservation or inspection of relevant evidence, including directing the safeguarding of physical or electronic materials.
Rule 18: Witnesses and Experts
18.1 Witness Examination and Written Testimony
Each party may present witnesses, including factual witnesses and expert witnesses. Unless otherwise directed by the Arbitral Tribunal, the written witness statement of each witness shall serve as the direct examination. The Tribunal may allow further oral examination during hearings, including cross-examination and re-examination, to the extent necessary for fair adjudication.
18.2 Disclosure of Witnesses
The parties shall submit the names, addresses, and brief description of the subject matter of the proposed testimony of all intended witnesses within the timelines prescribed by the Tribunal. Any unjustified delay in such disclosure may result in exclusion of the witness unless the Tribunal allows otherwise in the interest of justice.
18.3 Expert Evidence
The Tribunal may, after consulting the parties, appoint one or more independent experts to report on specific issues. Each party may also appoint its own expert witnesses, provided the opposing party is given a reasonable opportunity to examine the basis of such expert’s opinion and to rebut it.
18.4 Tribunal’s Power to Question
The Arbitral Tribunal shall have the power to question any witness or expert at any stage during their appearance. It may also direct the sequence, manner, and time allotted for such questioning.
18.5 Affidavit in Lieu of Oral Testimony
Where appropriate, and subject to the Tribunal’s discretion, testimony may be presented in the form of affidavits or written declarations, especially for non-contentious factual matters. The Tribunal may nonetheless direct the attendance of such witness for further clarification.
Rule 19: Time Limits and Procedural Timelines
19.1 Tribunal’s Power to Prescribe Procedural Timelines
Upon constitution, the Arbitral Tribunal shall issue a procedural calendar, indicating the dates for submission of pleadings, exchange of documents, hearings, and other procedural events. The Tribunal may revise the schedule, in consultation with the parties, to ensure procedural efficiency and fairness.
19.2 Statutory Compliance with Timeframe for Pleadings
Regardless of any procedural discretion exercised under Rule 19.1, the submission of the Statement of Claim and Statement of Defence shall be completed within six (6) months from the date of constitution of the Arbitral Tribunal, as required under Section 23(4) of the Act.
19.3 Time Limit for Rendering Final Award
The Arbitral Tribunal shall deliver the final award within twelve (12) months from the date of completion of pleadings, unless extended by agreement of the parties for up to six (6) months. Any further extension shall require application to the competent court in accordance with Section 29A of the Act.
19.4 Suspension and Extension of Procedural Deadlines
The Tribunal may suspend or extend any procedural timeline established under these Rules, except where governed by a mandatory provision of the Act. Extensions shall be granted only for good cause and with due consideration to fairness and expedition. All extensions shall be notified to Sorted and to all parties.
Rule 20: Confidentiality of Proceedings
20.1 Obligation of Confidentiality
All arbitration proceedings conducted under these Rules shall be confidential. Unless otherwise agreed by the parties or required by law, no party, arbitrator, Sorted, Case Manager, or any other person involved shall disclose:
(a) The existence of the arbitration; (b) Any information disclosed during the proceedings, including documents, witness testimony, and expert reports; (c) Any interim or final Award issued by the Tribunal.20.2 Permitted Disclosures
Notwithstanding Rule 20.1, disclosure shall be permissible in the following circumstances:
(a) To enforce or challenge an Award before a competent court or authority; (b) Pursuant to a legal duty imposed by law or regulatory authority; (c) To a party’s legal representatives, experts, or advisors bound by equivalent confidentiality obligations; (d) Where necessary for Sorted’s internal review, case management, or legal compliance, including quality control and oversight; (e) Where the Award is required to be disclosed to third-party funders, insurers, auditors, or affiliated entities, provided that such recipients are under a duty of confidentiality.20.3 Confidentiality Obligations of Arbitrators and Sorted
Arbitrators and all persons appointed by Sorted (including Case Managers, Registrar, or staff) shall sign a confidentiality declaration prior to their engagement, affirming their obligation not to disclose or use any information arising out of the arbitration except as permitted under these Rules or the law.
20.4 Use of Anonymized Data for Training and Internal Research
(a) Sorted may retain data related to arbitration proceedings — including pleadings, procedural records, and awards in anonymized form for purposes such as research, education, system improvement, and development of best practices, provided that such data does not disclose the identity of the parties or the specific circumstances of the dispute. (b) Unless otherwise agreed between Sorted and the parties, Sorted shall maintain these anonymized records for a period of five (5) years from the date of the final Award, Settlement Agreement, or termination order. (c) If any party initiates proceedings to challenge, enforce, or set aside such outcome before the expiry of this period, it shall notify Sorted promptly. In such case, Sorted shall retain the data until the conclusion of the relevant proceedings, unless agreed otherwise.Rule 21: Form and Content of Awards
21.1 Requirement of a Written and Reasoned Award
(a) All arbitral awards shall be rendered in writing and shall include a statement of reasons upon which the decision is based, unless the parties have expressly agreed that no reasons are to be given. The reasoning must reflect the Tribunal’s analysis of the claims, defences, evidence, and applicable law or contractual terms. (b) Every arbitral award shall include at minimum: i. The names and addresses of the parties; ii. The names and addresses of the arbitrator(s); iii. A brief summary of the claims and issues decided; iv. The decision and reasoning of the Tribunal; v. The date of the award; and vi. The seat of arbitration.21.3 Signature of Arbitrators
The award shall be signed by all members of the Tribunal. If any arbitrator fails to sign, the reason for such omission shall be stated in the award, and the award shall remain valid if signed by the majority.
21.4 Mode of Delivery
A signed copy of the award shall be delivered to each party by the Tribunal, with administrative assistance from Sorted. Delivery may be made physically, electronically through the Platform, or by any other method mutually agreed by the parties.
21.5 Award Final and Binding
Subject to applicable provisions of the Act, the award shall become final and binding on the parties upon its delivery.
Rule 22: Correction, Clarification, and Additional Awards
22.1 Correction of Computational or Clerical Errors
Within 30 days of receipt of the Award, a party may, with prior notice to the other party, request the Arbitral Tribunal to correct any error in computation, clerical or typographical mistake, or any similar inadvertent error in the Award. The Tribunal shall decide on such request after giving the other party an opportunity to comment. Any correction allowed shall be in writing, signed by the Tribunal, and shall form part of the Award.
22.2 Tribunal's Suo Motu Corrections
The Tribunal may, within 30 days of the date of the Award, correct any such error on its own initiative. All corrections made shall be notified to the parties and deemed an integral part of the Award.
22.3 Clarification or Interpretation of the Award
A party may request the Tribunal to provide a clarification or interpretation of a specific point or part of the Award, provided such request is made within 30 days of receiving the Award. If the Tribunal considers the request justified, it shall provide the clarification within a reasonable period and in writing. Such clarification shall form part of the Award.
22.4 Additional Award on Claims Omitted
If any claim presented during the arbitration was omitted from the Award, a party may, within 30 days of receipt of the Award, request the Tribunal to issue an additional Award addressing such claim. The Tribunal shall provide an opportunity to the other party to respond and may issue the additional Award within 60 days of the request.
22.5 Digital or Administrative Errors on the Platform
Where the proceedings have been affected by technical errors, automated system actions, or administrative mistakes unrelated to the legal merits—such as unintended closure of proceedings, mislabelling of procedural steps, or automated transmission errors—Sorted or the Tribunal may, on its own initiative or upon party request, rectify such errors and restore proceedings to the appropriate stage. Such rectification shall be recorded in writing with reasons.
22.6 Condonation of Delay
In exceptional circumstances, the Tribunal may condone a delay in making requests under Rules 22.1, 22.3, or 22.4 if sufficient cause is shown. The Tribunal shall record reasons for such condonation and notify both parties.
Rule 23: Termination of Proceedings
23.1 Termination by Final Award
The arbitral proceedings shall stand terminated upon the issuance of a final Award by the Arbitral Tribunal on all claims submitted to arbitration.
23.2 Termination by Withdrawal or Agreement
Before the final Award is issued, the proceedings may be terminated in the following cases:
(a) If the Claimant withdraws its claim, unless the Respondent objects and the Arbitral Tribunal recognizes a legitimate interest in continuing the proceedings; (b) If both Parties mutually agree in writing to terminate the proceedings and inform the Tribunal accordingly. (c) The arbitration has become incapable of being continued due to an irreparable procedural defect or legal impediment. (d) A valid settlement agreement is recorded in the form of a consent award under Rule 24.23.5 Notification and Effect
Upon termination of the proceedings under this Rule, Sorted shall notify the Parties. Termination shall not affect any obligations relating to confidentiality, costs, or enforcement of the Award under these Rules.
Rule 24: Settlement and Consent Awards
24.1 Encouragement of Settlement
The Arbitral Tribunal may, at any stage of the proceedings and with the consent of the Parties, encourage a settlement of the dispute. The Tribunal may facilitate such settlement through suggestions for possible terms, without compromising its impartiality.
24.2 Award on Agreed Terms
(a) If the Parties reach a settlement, they may request the Arbitral Tribunal to record the settlement in the form of a consent award. Such award shall have the same status and effect as any other arbitral award under the Act. (b) The Tribunal shall render a consent award only if: i. The terms of settlement are lawful and not contrary to public policy; ii. The terms are clearly expressed in writing and signed by the Parties; and iii. All Parties voluntarily consent to the award. (c) Unless otherwise agreed by the Parties, the Tribunal shall not be required to state reasons in a consent award, provided it reflects the terms of settlement and the agreement of the Parties.Rule 25: Administrative Fees and Deposits
25.1 Sorted shall charge administrative fees in accordance with the Fee Schedule appended as Schedule I of these Rules. These include, but are not limited to, filing fees, hearing facilitation fees, case management fees, digital platform usage fees, and other associated administrative charges.
25.2 The filing fee, which is part of the administrative fees, must be paid by the Claimant at the time of sending the Notice of Arbitration under Rule 5. The Respondent shall be required to pay their share of the filing fee upon accepting the Notice of Arbitration. No procedural steps shall be undertaken by Sorted including appointment of a Case Manager or issuance of pre-resolution communications until the applicable filing fee is paid.
25.3 Upon registration of the dispute, Sorted may direct both parties to deposit advance costs towards the anticipated expenses of the arbitration, including fees of the Arbitral Tribunal, expert fees (if any), and administrative costs. These deposits shall be held in trust and adjusted at the conclusion of the arbitration.
25.4 If one party fails to pay their share of the advance costs within the time specified, the other party may be invited to make the payment on their behalf. Failure to ensure full deposit may result in suspension or termination of the proceedings, as determined by Sorted or the Arbitral Tribunal (if constituted).
25.5 Any surplus amount remaining from the advance deposits after the conclusion of proceedings shall be refunded to the party or parties who made the deposit, unless otherwise directed by the Tribunal in the final Award.
Rule 26: Fees of the Arbitral Tribunal
The fees of the Arbitral Tribunal shall be determined in accordance with the applicable Fee Schedule provided in Schedule II of these Rules, subject to any revisions or stipulations agreed upon by the parties and Sorted prior to the constitution of the Tribunal.
Rule 27: Apportionment and Final Award on Costs
27.1 Equal Division of Administrative Costs
All administrative costs incurred during the arbitration proceedings, excluding filing fees, shall be divided equally between the parties, unless the Arbitral Tribunal determines otherwise in its final award on costs.
27.2 General Principle and Tribunal’s Discretion
(a) Unless otherwise agreed by the parties, the default principle shall be that costs follow the event meaning the unsuccessful party shall bear the reasonable costs incurred by the successful party. These may include: i. Fees and expenses of the Arbitral Tribunal; ii. Legal representation and advisory costs; iii. Expert and witness fees; and iv. Any other expenses reasonably incurred in connection with the arbitration. (b) The Arbitral Tribunal shall have discretion to depart from this principle and apportion costs differently where the circumstances of the case so warrant. In exercising this discretion, the Tribunal may consider factors such as: i. The conduct of the parties throughout the proceedings, including cooperation, compliance, or procedural misconduct; ii. The extent of success or failure on individual claims or defences; iii. Whether any claim, counterclaim, or defence was frivolous or vexatious; iv. The reasonableness of any prior settlement offers; and v. Any prior agreement between the parties on the allocation of costs.27.3 Security for Costs: The Tribunal may, upon application and after considering relevant circumstances, order a party to provide security for costs, particularly where there exists a substantiated risk that such costs may not be recoverable.
27.4 Reasoned Award on Costs: The Tribunal shall issue a reasoned determination on costs, either as part of the final award or in a separate award, which shall be enforceable under the Act.
Rule 28: Deposit for Costs
28.1. The Arbitral Tribunal, in consultation with Sorted, may direct the parties to deposit an appropriate amount to cover the expected fees and expenses of the Tribunal and administrative costs. Unless otherwise directed, such deposits shall be shared equally. Supplementary deposits may be requested as needed.
28.2. If any party fails to make its deposit within the time prescribed, the Tribunal may direct the other party to pay the shortfall. In case of continued non-payment, the Tribunal may suspend or terminate the proceedings, after giving due notice. Any unused balance shall be refunded upon conclusion.
Rule 29: Emergency Arbitration
29.1 Application for Emergency Measures
A party seeking urgent interim relief prior to the constitution of the Arbitral Tribunal may submit an application for emergency arbitration to Sorted. The application must include:
(a) Full name and contact details of the parties (b) A description of the dispute and the underlying arbitration agreement; (c) The specific interim or conservatory relief sought and the grounds for seeking such relief on an emergency basis (d) Reasons why such relief is urgent and cannot await the constitution of the Tribunal; (e) Evidence supporting the claims and the need for interim relief; (f) Proof of payment of any prescribed emergency application fee as per Schedule II; (g) A declaration stating that the applicant does not seek to use emergency proceedings for forum shopping or delay.29.2 Appointment and Procedure
Upon receipt of a complete application under Rule 29.1, Sorted shall appoint an Emergency Arbitrator from its Panel within two (2) days. The Emergency Arbitrator shall meet the standards of independence and impartiality applicable to regular arbitrators. The Emergency Arbitrator shall promptly establish a procedural schedule and conduct the proceedings in a manner they consider appropriate, including deciding the matter on written submissions, oral hearings, or a combination thereof. The Emergency Arbitrator shall issue an order or award within seven (7) days of appointment, unless extended by Sorted in exceptional circumstances.
29.3 Binding Nature and Duration
The order or award of the Emergency Arbitrator shall be binding on the parties and shall remain in effect until modified, revoked, or vacated by the Arbitral Tribunal once constituted. However, if no Arbitral Tribunal is constituted within sixty (60) days from the date of the emergency order or award, the said order shall cease to be in force unless otherwise extended by agreement of the parties. The Tribunal, once constituted, shall have full authority to confirm, vary, or set aside the emergency relief granted.
29.4 No Prejudice to Main Proceedings
The Emergency Arbitrator shall not be eligible to serve as a member of the Arbitral Tribunal unless all parties expressly consent in writing. The emergency proceedings shall be without prejudice to the merits of the case and shall not bind the Tribunal’s determination of any substantive issue.
Rule 30: Exclusion of Liability
No arbitrator, emergency arbitrator, Case Manager, Registrar, officer, employee, or representative of Sorted shall be liable to any party for any act or omission in connection with an arbitration conducted under these Rules, provided such act or omission is done in good faith and in the discharge of official functions. This exclusion shall apply to any procedural or administrative step taken in the course of the proceedings and shall survive the termination or conclusion of the arbitration.
Rule 31: Waiver of Right to Object
A Party who proceeds with the arbitration knowing that any provision of these Rules, or any requirement under the arbitration agreement or applicable law, has not been complied with, and fails to promptly object in writing without undue delay, or within any time-limit prescribed under these Rules, shall be deemed to have waived the right to object.
Such waiver shall apply unless the Tribunal determines that the non-compliance was of such a nature as to undermine the integrity or fairness of the arbitral proceedings.
Rule 32: Amendment and Interpretation of Rules
32.1. Authority to Amend
Sorted reserves the right to amend, modify, or supplement these Rules at any time. Any such amendments shall not affect arbitrations that have commenced prior to the effective date of the amendment, unless expressly agreed by the Parties and approved by the Arbitral Tribunal.
32.2. Interpretation of Rules
Any question concerning the interpretation, scope, or application of these Rules shall be resolved by Sorted, whose decision shall be final and binding on all Parties, unless otherwise determined by the Arbitral Tribunal once constituted.
32.3. Conflict with the Act or Arbitration Agreement
In the event of any inconsistency between these Rules and the mandatory provisions of the Act or the arbitration agreement between the Parties, the mandatory provisions of the Act or the arbitration agreement (as applicable) shall prevail.