APPLICATION FOR EMPANELMENT AS ARBITRATORS/ CONCILIATORS – RITES

EMPANELMENT/ARBITRATORS/CONCILIATORS
RITES LIMITED
RITES BHAWAN, 1
Sector 29, Gurgaon,
Haryana, India-122001

Eligibility:

Notification For APPLICATION FOR EMPANELMENT AS ARBITRATORS/ CONCILIATORS – RITES

• For empanelment on the panel, RITES serving officers must be of GM level (E8) or higher. In case of RITES retired officers, they must have retired from a post of ED level (E9) or above.
• In case of retired officers of Central / State Government they should have worked for a period of 5 years as Joint Secretary and.
• In case of retired officers Central/State PSEs (other than RITES), they should have retired from a post of SAG / E8 level or higher and should have served for minimum of 5 years in SAG / E8 or higher level.
• In case of Retired Judicial Officers, they should have served in the Higher Judiciary at least for a period of 5 years.
• No vigilance / disciplinary case should be pending against the serving officers at the time of submission of application for empanelment. In case of retired officers, no vigilance / disciplinary case should be pending against them at the time of superannuation.
• No penalty should have been imposed on the applicant in any vigilance / disciplinary case during past 5 years.
• In case of retired applicants, they should not be employed / engaged on full time basis anywhere at the time of application.
• Such empanelled persons shall be allowed to be on RITES panel upto 70 years of age only. Therefore, the applicant should be less than 70 years of age as on 31.12.2017.
• The applicant should be physically and mentally fit to act as arbitrator.

Methodology of Empanelment:

• The exercise of review of empanelment of arbitrators shall be done annually at the beginning of a calendar year.
• The empanelment shall be valid for a period not exceeding three years or till attainment of the age of superannuation (in the case of serving officers) and 70 years in case of retirees, whichever happens first.
• After expiry of three years of empanelment, the empanelled persons shall apply for renewal of empanelment by submitting a fresh application.
• In case of RITES serving officers, applications shall be invited in the prescribed format from willing and eligible officers through Employees Portal. In case of others, a brief press advertisement shall be given in prominent dailies inviting applications for empanelment in the prescribed format which along with terms and conditions and guidelines will be available on RITES website under the tab ‘Tenders’.
• The completed applications shall be received by AGM (Legal), RITES Ltd. upto 5.00 PM on the date specified in the press advertisement.
• A Screening Committee comprising two EDs and AGM (Legal) shall be constituted with the approval of the CMD RITES for opening and scrutiny of all applications including the applications of RITES serving / retired officers. The Screening Committee shall submit its report / recommendations to the Director (Projects). Director (Projects) shall examine the committee’s report / recommendations and make final recommndations to the CMD RITES for his approval. The panel shall be formed with the approval of the CMD. Both lists in the approved panel of arbitrators viz., (a) RITES serving / retired oficers and (b) others, shall be displayed on RITES website.

Arbitration:

How to Apply to APPLICATION FOR EMPANELMENT AS ARBITRATORS/ CONCILIATORS – RITES

• Appointment of Arbitrator where applicability of Section 12 (5) of Arbitration and Conciliation Act. has been waived off:
• In cases where the total value of all claims added together does not exceed Rs.10,00,00,000/- (Rupees Ten Crore only), the Appointing Authority, in
  accordance with the contract, shall appoint a Sole Arbitrator from the panel who shall be a serving Officer of RITES.
• In cases where the total value of all claims added together exceeds Rs.10,00,00,000/- (Rupees Ten Crore only), the Appointing Authority shall
  constitute an Arbitral Tribunal consisting of a panel of three serving officers of RITES or two serving Officers and a retired Officer of RITES,
  as per terms of the contract.
• While nominating the empanelled arbitrators as members of the Arbitral Tribunal, the appointing authority shall give due consideration to expertise/ experience of empanelled persons and the nature of disputes.

General:

• These guidelines shall be binding on the empanelled Arbitrators.
• The provisions of Arbitration and Conciliation Act, 1996 as amended upto date, shall be followed in conduct of all arbitral proceedings unless otherwise provided in the contract.
• The fee shall be paid to the concerned Arbitrator as per above schedule only and application should be submitted only if the applicant is agreeable to the schedule mentioned above.

Last Date: 19-01-2018

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