The Delhi International Arbitration Centre, known as DIAC, is an arbitration institution set up under the aegis of the Delhi High Court. It administers arbitrations: it appoints arbitrators where needed, manages fee deposits, provides hearing rooms and staff, and keeps the case moving under its own rules. Many Delhi contracts name DIAC in their arbitration clause, and the Delhi High Court often refers Section 11 cases to DIAC for appointment of an arbitrator from its panel.
This page is for parties whose contracts have a DIAC clause, parties whose cases have been referred to DIAC by the High Court, and businesses deciding whether to name DIAC in future contracts. In plain terms, a DIAC arbitration works like any other, but with the centre's secretariat handling administration, a published fee schedule instead of open-ended fee negotiations, and arbitrators drawn from a vetted panel.
DIAC cases are governed by the Arbitration and Conciliation Act, 1996, and the DIAC (Arbitration Proceedings) Rules, 2023. Challenges to DIAC awards go to the Delhi courts in the same way as any Delhi-seated award.
हिंदी में सारांश
दिल्ली इंटरनेशनल आर्बिट्रेशन सेंटर (DIAC) दिल्ली हाई कोर्ट के तत्वावधान में स्थापित एक आर्बिट्रेशन संस्था है। यह आर्बिट्रेटर नियुक्त करती है, फ़ीस जमा करवाती है, सुनवाई के लिए कमरे और स्टाफ़ देती है और अपने नियमों के तहत मामले को आगे बढ़ाती है। कई अनुबंधों में DIAC का नाम होता है, और दिल्ली हाई कोर्ट अक्सर धारा 11 के मामलों को DIAC को भेजता है। DIAC की फ़ीस एक प्रकाशित सूची के अनुसार दावे की रक़म के आधार पर तय होती है। DIAC अवॉर्ड को दिल्ली की अदालतों में धारा 34 के तहत चुनौती दी जा सकती है।
Is this your situation?
- Your contract says disputes will be resolved by arbitration under DIAC rules
- The Delhi High Court has referred your Section 11 petition to DIAC
- You have received a notice from DIAC about a new case against you
- DIAC has asked you to deposit fees and you want to know what they cover
- You want to nominate an arbitrator from the DIAC panel
- You are considering naming DIAC in a new contract
- You need urgent relief and want to know about DIAC's emergency arbitrator
How DIAC arbitration differs from ad hoc
A secretariat manages the case
DIAC's staff handle filings, notices to parties, fee deposits and scheduling, which reduces disputes about procedure.
Panel arbitrators
DIAC maintains a panel of arbitrators, including retired judges, senior advocates and professionals. Parties can choose from it or agree on others, subject to DIAC's rules.
Published fees
Arbitrators' fees and administrative costs follow DIAC's published schedule, linked to the amount in dispute. This avoids disputes over fees.
Hearing facilities
Hearing rooms at the centre, with support for video hearings.
Rules on timelines
The DIAC rules set time frames for pleadings and other steps, alongside the Act's Section 29A limits.
Emergency and fast-track options
The rules provide for emergency arbitrator relief and for expedited procedures in suitable cases.
Two ways a case reaches DIAC
A DIAC clause. If your contract says disputes will be referred to arbitration under the rules of the Delhi International Arbitration Centre, or "administered by DIAC", you start the case by filing a request for arbitration with DIAC, with a copy to the other side, and paying the registration fee. DIAC then calls on the parties to nominate arbitrators or proceeds to appoint under its rules. You do not normally need to go to the High Court under Section 11, because the institution has the power to appoint.
A court referral. In many Section 11 petitions, especially where the clause is ad hoc or one-sided, the Delhi High Court appoints an arbitrator and directs that the arbitration be conducted under DIAC's aegis, or refers the parties to DIAC to appoint from its panel. The order often states that fees will be as per DIAC's schedule. In such cases, DIAC's rules apply to the extent the court's order and the parties' agreement allow.
In both cases, the seat is usually Delhi, so the Delhi courts supervise the arbitration and hear challenges.
How a DIAC arbitration runs
File the request or receive the referral
We file a request for arbitration with DIAC with the contract, the notice and a brief statement of claim, or act on the court's referral order.
Pay the registration and fee deposits
DIAC calls for an initial deposit, usually shared equally between the parties. If the other side does not pay, the claimant may pay its share to keep the case going.
Constitution of the tribunal
Parties nominate arbitrators within the time allowed, or DIAC appoints. Each arbitrator gives a disclosure of independence.
Preliminary meeting
The tribunal fixes a procedural timetable for pleadings, documents, evidence and hearings.
Pleadings and documents
Statement of claim, defence, any counter-claim and replies, with documents.
Evidence and hearings
Witness affidavits, cross-examination and arguments, at the centre or by video.
Award and costs
The tribunal makes a reasoned award, including on costs. DIAC delivers signed copies to the parties. The three-month window for a Section 34 challenge runs from receipt.
Time and typical cost range
DIAC publishes its fee schedule, which sets arbitrators' fees and administrative charges by reference to the sum in dispute. Our fees are agreed in writing at the start, stage by stage, and are not linked to the outcome.
| Stage | Usual time | Cost |
|---|---|---|
| Filing request and registration | 1 to 2 weeks | DIAC registration fee |
| Tribunal constitution | 1 to 3 months | First fee deposit |
| Pleadings | Up to 6 months under the Act | Further deposits |
| Evidence and hearings | 4 to 12 months | Deposits as the case proceeds |
| Award | Within the Section 29A period, extendable | Final fee balance |
| Challenge to award | 1 to 3 years in Delhi courts | Court fee and our fee |
Documents for a DIAC case
To start
- Contract with the DIAC clause, or the court's referral order
- Notice invoking arbitration and proof of delivery
- Short statement of the dispute and amount
For the claim
- Invoices, statements of account, correspondence
- Witness details and any expert reports
- Board resolution or authority letter
For fees
- Details of who will pay deposits
- GST and billing details of the party
- Any agreement on cost-sharing
Where DIAC-related matters go
| Matter | Forum |
|---|---|
| Request for arbitration under a DIAC clause | DIAC secretariat |
| Appointment where parties fail to nominate | DIAC under its rules |
| Section 11 where the clause is unclear or one-sided | Delhi High Court, which may refer to DIAC |
| Interim relief before tribunal formed | Emergency arbitrator under DIAC rules, or court under Section 9 |
| Challenge to award, claim above ₹2 crore | Delhi High Court |
| Challenge to award, claim up to ₹2 crore | Delhi district commercial court with jurisdiction |
Fees: why a schedule helps, and what it covers
One of the main reasons parties choose DIAC is cost certainty. In ad hoc arbitration, fee disputes with arbitrators are common, and the Supreme Court's decision in ONGC v Afcons Gunanusa (2024) shows how much litigation they can generate. At DIAC, arbitrators' fees are fixed under the centre's schedule according to the sum in dispute, with administrative charges payable to the centre. Counter-claims are generally added to the sum in dispute for fee purposes.
Fees are collected in instalments as deposits, so the arbitrators do not deal with the parties directly on money. If a party fails to pay its share, the other party can pay it and recover it in the award. If neither pays, the tribunal can suspend or terminate the proceedings.
DIAC's fees are often higher than a negotiated ad hoc fee for small cases, and lower or more predictable for large ones. For claims of a few lakh rupees, a fast-track or documents-only process, or a summary suit, may be more economical.
Choosing a DIAC arbitrator
DIAC's panel includes retired judges of the Supreme Court, High Courts and district courts, senior advocates, chartered accountants, engineers and other professionals. Parties can agree on a panel member. If they cannot, DIAC appoints. In three-member tribunals, each side nominates one and the two choose the presiding arbitrator, or DIAC appoints.
When choosing, look at experience with the type of dispute, availability, and any connection to either side. Ask for the arbitrator's disclosure under Section 12 and the Sixth Schedule before confirming. For construction cases, a retired engineer as co-arbitrator can help; for financial disputes, a retired judge with commercial experience may suit better.
DIAC's rules also allow parties to nominate arbitrators who are not on the panel, subject to the centre's approval and the arbitrator agreeing to its fee schedule. This gives flexibility where a specialist is needed.
Emergency relief at DIAC
The DIAC rules provide for an emergency arbitrator to be appointed quickly to decide urgent applications before the main tribunal is constituted. For India-seated arbitrations, the Supreme Court in Amazon v Future Retail (2021) held that an emergency arbitrator's order under institutional rules is enforceable as an order under Section 17(2) of the Act. So a DIAC emergency order can be enforced like a court order.
In practice, many parties still go to the Delhi courts under Section 9 for urgent relief, especially where third parties such as banks must be bound, or where the matter is extremely urgent. Both routes are available, and we advise on which suits the facts. See emergency arbitration.
Laws and rules that apply
Governs DIAC arbitrations, including appointment, procedure, award and challenge.
DIAC's procedural rules, including appointment, fees, timelines and emergency relief.
Arbitrators' fees and administrative costs by reference to the sum in dispute.
Govern challenges and other court proceedings for Delhi-seated awards.
Defines the "Court" for challenges: Delhi High Court above ₹2 crore, district court below.
A Section 11 petition sent to DIAC
Here's a made-up example. A Delhi IT services company had a contract with a Noida e-commerce company, with a clause for a sole arbitrator "appointed by the CEO of the client". The IT company claimed ₹1.1 crore in unpaid fees and invoked arbitration. The client's CEO appointed the client's company secretary's brother-in-law.
We filed a Section 11 petition in the Delhi High Court, which held the clause unenforceable as written and referred the matter to DIAC for appointment of a sole arbitrator from its panel, with fees under the DIAC schedule. DIAC appointed a retired district judge within a few weeks.
The arbitration proceeded at DIAC, with most hearings by video. The award came about 15 months after the appointment. Because fees and procedure were handled by the centre, there were no side disputes about payment or scheduling, which had been a worry for the IT company.
How we work
We are a litigation and advisory practice led by Advocate BK Singh, with offices in Dwarka (New Delhi) and Vaishali (Ghaziabad), close to the Delhi courts. This is what you can expect:
- DIAC procedure handled: filings, deposits and timelines.
- Arbitrator selection advice: suited to your dispute.
- Court and centre together: Section 9, Section 11 and Section 34 work in Delhi courts.
- Cost planning: fee deposits estimated from the DIAC schedule at the start.
- Written fee terms: agreed stage by stage, never linked to the outcome.
Mistakes in DIAC cases
- Filing a Section 11 petition when the DIAC clause already lets the centre appoint
- Ignoring DIAC's deposit deadlines
- Nominating an arbitrator without checking for conflicts
- Missing the rules' timelines for pleadings
- Assuming the DIAC fee schedule can be negotiated downwards
- Counting the Section 34 period from the wrong date
DIAC or another institution?
Parties in Delhi can choose between several institutions. DIAC is attached to the Delhi High Court and is used heavily for court-referred cases and domestic commercial disputes. The India International Arbitration Centre, set up under a 2019 Act of Parliament, is a national institution in New Delhi aimed at both domestic and international arbitration, and is often used by central PSUs. Foreign institutions such as SIAC and the ICC are used for cross-border contracts. Trade bodies such as the Indian Council of Arbitration serve particular sectors.
For a domestic contract between Delhi NCR businesses, DIAC is often a practical choice: the centre is in Delhi, the panel is large, and the fees are published. For international contracts with a foreign party who wants a more international institution, SIAC, ICC or IIAC may be easier to agree. The key point is to name one institution clearly in the clause, using its recommended model clause, so that there is no argument later about who administers the case.
Timelines and keeping a DIAC case on track
The Act's Section 29A requires a domestic award within 12 months of the completion of pleadings, extendable by six months by consent, and further only by the court. DIAC's rules add their own time frames for steps such as filing pleadings and constituting the tribunal, and the secretariat follows up with parties and arbitrators.
Even so, the pace of a DIAC case depends largely on the parties. Frequent adjournment requests, late filings and unnecessary applications slow everything down. Agreeing at the first meeting on a realistic timetable, with hearing dates blocked in advance, is the single best way to keep a case moving. If the 12-month period is running out, apply for an extension in good time; after Rohan Builders (2024), an application can be filed even after expiry, but it is better not to rely on that. As the Supreme Court held in Jagdeep Chowgule (2026), the extension application goes to the "Court" under Section 2(1)(e), which may be a district commercial court for smaller claims rather than the High Court.
Confidentiality and records
Under Section 42A of the Act, the arbitrator, the institution and the parties must keep all arbitral proceedings confidential, except the award where its disclosure is necessary for implementation and enforcement. DIAC maintains its records accordingly. This matters for businesses that do not want disputes with customers, suppliers or partners to become public.
Confidentiality has limits. If the award is challenged in court, the court record is generally public, though courts sometimes allow sensitive material to be filed in sealed covers. If you are concerned about confidentiality of particular documents, raise it with the tribunal early, so that protective directions can be made.
Frequently Asked Questions
What is DIAC?
The Delhi International Arbitration Centre, an institution set up under the Delhi High Court that administers arbitrations under its own rules.
How do I start a DIAC arbitration?
File a request for arbitration with DIAC as its rules require, with a copy to the other side, and pay the registration fee.
Do I need to go to the High Court first?
Not if your clause names DIAC; the centre appoints under its rules. If the clause is ad hoc or disputed, the High Court may refer you to DIAC under Section 11.
How are DIAC fees calculated?
Under DIAC's published schedule, based on the sum in dispute, including counter-claims, with administrative charges.
Can I choose an arbitrator who is not on the DIAC panel?
The rules allow this with DIAC's approval, if the arbitrator accepts its terms.
Does DIAC offer emergency relief?
Yes. Its rules provide for an emergency arbitrator before the tribunal is constituted.
Are DIAC hearings held in person?
Both in person at the centre and by video, as the tribunal directs.
Where is a DIAC award challenged?
In the Delhi courts: the High Court for claims above ₹2 crore, and the district commercial courts below that.
Is DIAC only for Delhi parties?
No. Parties from anywhere can choose DIAC, including foreign parties in international arbitrations.
Is DIAC cheaper than ad hoc arbitration?
For larger claims, often more predictable and sometimes cheaper. For small claims, ad hoc or fast-track options may cost less.
What happens if the other side won't pay its share of fees?
You can pay it to keep the case going and recover it in the award, or the tribunal may suspend proceedings.
Can DIAC cases settle?
Yes, at any stage. A settlement can be recorded as an award on agreed terms under Section 30.
DIAC clause or DIAC referral?
Send us the contract or the court order. We will explain the DIAC process, likely fees and the timetable for your case.
This page gives general information about arbitration and dispute law in India as it stood when it was last reviewed. It is not legal advice on your case and does not promise any result. Time limits, fees and court rules change, and the right step depends on your own contract, dates and documents, so take advice before acting.
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