ARB-MED-ARB PROCEDURE (“AMA PROCEDURE”)
This AMA Procedure shall apply to all disputes submitted to the Bhutan ADR Centre(“BADRC”).
Parties can submit dispute for resolution under AMA procedure based on AMA Clause in the arbitration agreement or based on agreement of parties at any stage of arbitration proceedings without AMA Clause.
A party wishing to commence an arbitration under the AMA Clause shall file with the Centre a notice of arbitration in accordance with the arbitration rules applicable to the arbitration proceedings.
The Tribunal shall be constituted by BADRC in accordance with the Arbitration Rules and/or the parties’ arbitration agreement.
The Tribunal shall, after the exchange of the Notice of Arbitration and Response to the Notice of Arbitration, stay the arbitration and inform the Centre that the case can be submitted for mediation.
The Centre upon receipt of stay of arbitration proceedings from the tribunal, shall appoint the mediator as per Mediation Rules and send the case with all documents lodged by the parties to the mediator. Thereafter, mediation proceedings will commence upon receipt of documents by Mediator from the Centre. All subsequent steps in the arbitration shall be stayed pending the outcome of mediation.
The mediation shall be completed within 4 weeks from the Mediation Commencement Date, unless, the Centre extends the time. For the purposes of calculating any time period in the arbitration proceeding, the time period will stop running at the Mediation Commencement Date and resume upon notification the termination of the mediation proceeding.
At the termination of the 4-week period (unless the deadline is extended by the Centre or in the event the dispute cannot be settled by mediation either partially or entirely at any time prior to the expiration of the 4-week period, mediator shall promptly inform the Centre of the outcome of the mediation, if any.
In the event that the dispute has not been settled by mediation either partially or entirely, the Centre will inform the Tribunal that the arbitration proceeding shall resume. Upon the date of the Centre’s notification to the Tribunal, the arbitration proceeding in respect of the dispute or remaining part of the dispute (as the case may be) shall resume in accordance with the Arbitration Rules.
In the event of a settlement of the dispute by mediation between the parties, Mediator shall inform the Centre that a settlement has been reached. If the parties request the Tribunal to record their settlement in the form of a consent award, the parties or the Centre shall refer the settlement agreement to the Tribunal and the Tribunal may render a consent award on the terms agreed to by the parties.
If the parties do not wish to record their settlement in the form of a consent award, pending arbitration which has been stayed shall be terminated and tribunal will be dissolved accordingly.
The parties or the Centre shall refer the settlement agreement to the Tribunal and the Tribunal may render a consent award on the terms agreed to by the parties.
Parties who have agreed to solve dispute under AMA procedure when their arbitration is pending before tribunal, same procedure from 6-11 shall be followed.
Fees for mediator under AMA procedure shall be according to the Mediation Rules
Administrative fees under AMA procedure shall be in accordance with Arbitration Rules, or in accordance with Mediation Rules if the parties do not wish to record settlement agreement as consent award.