Jurisdiction of courts

The Courts in Mumbai shall have exclusive jurisdiction in respect of all proceedings to which the Exchange is a party, and in respect of all other proceedings, the Courts having jurisdiction over the area in which the respective regional Investor Service Centre is situated, shall have jurisdiction.

All dealings, transactions and contracts which are subject to the Rules, Byelaws and Regulations of the Exchange and every arbitration application shall be deemed in all respects to be subject to the Rules, Bye-laws and Regulations of the Exchange and shall be deemed to be and shall take effect as wholly made, entered into and to be performed in the city of Mumbai and the parties to such dealings, transactions, contracts and agreements shall be deemed to have submitted to the jurisdiction of the Courts in Mumbai for the purpose of giving effect to the provisions of the Rules, Bye-laws and Regulations of the Exchange. Provided however that upon the amendments to the Rules, Bye-laws and Regulations with regard to Regional Arbitration Centers and other incidental and consequential matters in connection therewith or relating thereto coming into force, the Courts in Mumbai shall have exclusive jurisdiction in respect of all proceedings to which the Exchange is a party, and in respect of all other proceedings, the Courts having jurisdiction over the area in which the respective regional Arbitration Centre is situated, shall have jurisdiction.

The disputing parties, namely the Trading Member and Non-Trading Member are expected to send documentary proof like contract notes, bills, Ledger account, statement of accounts and other relevant documentary proof along with the prescribed Arbitration Form, duly filled in to the respective Regional Arbitration Centre.


Arbitration between Non-Trading Members and Trading Members:

Bye-laws under Chapter XIII of the Rules, Bye-laws and Regulations of BSE deal with the procedure regarding arbitration between Non-Trading Members and Trading Members of BSE.

Period for filing Arbitration: The period for filing the claim in Arbitration is governed by the Law of Limitation Act, 1963.

An Arbitral Tribunal of one arbitrator is appointed, in case the value of the disputed claim is upto Rs. 25 lakhs, If the value of claim is greater than Rs. 25 lakhs, an Arbitral Tribunal of three arbitrators is appointed.

Arbitral Tribunals constituted, comprise of only non-trading Member/s to decide such arbitration references. A party dissatisfied with the Award given by the Lower Bench can file an Appeal with the Appellate Bench within one month from the date of receipt of the arbitral award under the Rules, Bye-Laws and Regulations of the Exchange. In case if appeal is preferred in, the same is decided by the Appellate bench of three Arbitrators and the Award passed by the Appellate Bench is final and binding on the parties subject to challenge u/s 34 of Arbitration and Conciliation Act, 1996.

The arbitrator(s) shall conclude the arbitration reference within four months from the date of their appointment by pronouncing the award. However, on an application by either party or arbitrator(s) and for sufficient cause in recorded in writing, an extension for a maximum period of 2 months may be considered by the Exchange on case to case basis.

Process of Arbitration:

Applications may be filed by non -Trading Members against Trading Members and vice-versa. The disputing parties are advised to refer to Bye Law under Chapter XIII (3) of BSE, relating to 'Limitation', while filing an Arbitration application with BSE.

Documents to be submitted:

Following are the documents to be submitted for filing an application for arbitration alongwith fees, as applicable:

• Statement of the case explaining brief history of the relationship of applicant with the respondent, details about the dispute and the nature of transaction/s and bifurcation of the claim amount into claim on account of genuine delivery based transaction and square off transaction/s.
• Contract Notes pertaining to the transaction in dispute
• Bills issued/ received by the applicant
• Copy of the Statement of Accounts given by the Trading member.
• Documents pertaining to receipt / delivery of shares
• Any other documents in support of the claim
• An accurate list of the documents produced
• PAN / GIR No. of the applicant
• Certified copy of the Balance Sheet of the applicant showing the dues
• Copy of acknowledgement of the latest Income Tax Return

The applicant will have to file the requisite form depending upon whether the claim amount is upto Rs. 25 lakhs or above.


Appointment of Arbitrators:

An applicant has to provide the names of three arbitrators with preferences and the respondent will also have to provide the names of three arbitrators with preferences. The proposed names are entered in the Centralised Arbitrator Appointment Process (CAAP) as per SEBI circular dated March 18, 2013. In case of claims below Rs. 25 lacs, one arbitrator is appointed and in case of claims above Rs. 25 lacs, three arbitrators are appointed.

The system selects the name/s of the arbitrator/s and neither the Exchange officials nor the parties to the arbitration are directly involved in the appointment process.

Deposit of the fees for Arbitration will be exempted for client whether Applicant or Respondent, in case where the claim amount is up to Rs. 20 Lakhs, and shall be borne by the Exchange

A copy of the documents filed by the applicant along with Forms 3, 4 and 5 / 3A, 4A and 5A (as applicable) are sent to the respondent advising him / her / them to submit the details of counter claim, if any, consent to the proposed arbitrator / appointment of arbitrator (as applicable), payment of arbitration fees (as applicable). Both parties are intimated by BSE regarding the appointment of arbitrators.

Subsequently, Notice of Hearing is sent to the parties. The hearings are then arranged as decided by the Arbitrators. Minutes of every hearing is prepared and taken on record. Advocates may appear on behalf of each party subject to permission from the Arbitral Tribunal.

As per the provisions of Bye-laws under Chapter XIII 13 (c) and (d) of the Rules, Bye-laws and Regulations of BSE, the Arbitral Tribunal shall make the award within four months from the date of appointment of Arbitrators or within an extended time, if approved, which shall not be more than two months. The award has to be a speaking award. The final award is printed on stamp paper and signature(s) of Arbitrator(s)s are obtained on the final award. The award is forwarded to the applicant as well as to the respondent.

Any party to the arbitration, within 15 days from the date of receipt of Award, may request the Arbitral Tribunal to correct any computational / arithmetical / clerical / typographical / any similar error in the award or to give an interpretation of a specific point or part of the Award.

Appeal provision in the Bye-laws pertaining to Non-Trading Member V/s Trading Member Arbitration

Time Limit: Appeal against the Award of the arbitrators is to be filed within one month from the date of receipt of the award.

Fees for Appeal: A party appealing against an award is required to pay the necessary appeal fees as decided from time to time.

Appeal Memo: A party desiring to prefer an appeal against an award of the Arbitrator(s) is required to submit five sets of Memorandum of Appeal.

Appeal Bench: The Appeal filed by a party against a Lower Bench award will be heard and decided by an Appeal Bench of three Arbitrators as appointed through CAAP system. The Appeal Bench decides the appeal within three months from the appointment of Arbitrators. However, on an application by either party or arbitrator(s) and for sufficient cause in recorded in writing, an extension for a maximum period of 2 months may be considered by the Exchange on case to case basis.

Settlement of awards:

If an Award is given against a Trading Member of BSE, the member is advised to deposit the awarded amount with the Exchange or make the payment directly to the award holder, within specified time period. If the member fails to do so, the awarded amount is set aside from the deposits of the trading member with the Exchange. If there are no funds available, a show cause notice is issued by BSE to the Trading Member. If the member still do not make the payment, matter is placed before the Disciplinary Action Committee (DAC) for suitable directions in the matter, including declaring the trading member, as defaulter.

Unless challenged by either of the parties, an arbitration award becomes a decree after expiry of the relevant period as applicable in law and a decree can be executed through a competent court of law.


Further details are available in the Exchange Notice Number

20100826-24 dated 26th August 2010
20100907-26 7th dated September 2010
20110223-26 dated 23rd February, 2011
20120928-31 dated 28th September, 2012
20121109-5 dated 9th November, 2012.

BSE has started following Common Investor Service Centre at following locations, to provide Investor Grievance Redressal Mechanism to the Investors.

The investors shall approach the nearest Common Investor Service Centre, as per the most recent address / registered office address of the constituent, as duly communicated in writing to the Trading Member in accordance with regulatory requirement is located. The hearings shall be held in Hybrid Mode, that is either virtually or at the nearest Common Investor Service Centre where the Applicant has filed the Application.

Common Investor Service Centres