Frequently Asked Questions

FEAM (Forum for Excellence in Arbitration & Mediation) is an Indian institution that administers arbitration and mediation under its own Institutional Rules, framed around the Arbitration and Conciliation Act, 1996 and the Mediation Act, 2023. FEAM administers proceedings impartially — it does not represent parties or give legal advice.

In arbitration, a neutral tribunal hears the dispute and issues a binding, enforceable award. In mediation, a neutral helps the parties reach their own settlement, which becomes binding as a Mediated Settlement Agreement under the Mediation Act, 2023. Put simply: arbitration decides for you; mediation helps you decide.

For arbitration, you need an arbitration agreement — either a clause in your contract or a written agreement made after the dispute arises. For mediation you don't: any party may initiate pre-litigation mediation even without a prior clause. To make future disputes come to FEAM automatically, add a model clause to your contract.

FEAM is based in Mumbai; full contact details are on the Contact page. Note that this is separate from the seat of an arbitration — absent agreement, the default seat is New Delhi.

File a Notice of Arbitration with FEAM, together with the registration fee. FEAM acknowledges within 24 hours, assigns a case number, and transmits it to the other party. The process of constituting the tribunal then begins under the Rules.Rule 6

It depends on the track. Standard arbitration targets an award within 12 months of the tribunal's constitution; the Expedited Procedure within 6 months (disputes up to ₹2 crore); and the Streamlined and MSME Fast-Track procedures within 90 days (documents-only and small-value matters). Time limits may be extended in defined circumstances.Schedules A, B, C

By your agreement, if you specify. Otherwise it scales with the amount in dispute: up to ₹2 crore, a sole arbitrator; ₹2–10 crore, one or three at FEAM's determination; above ₹10 crore, three unless the parties agree to one. The fast-track procedures use a sole arbitrator.Rule 15

Yes. Parties may nominate their arbitrator(s); for a three-member tribunal, each side nominates one. All nominations are subject to confirmation by FEAM, which checks the nominee's independence and eligibility before the appointment takes effect.Rules 16–18

Absent agreement, the seat is New Delhi (unless the tribunal determines another Indian seat is more appropriate) and the language is English. You can set your own in the arbitration clause.Rule 3

Yes. A FEAM award is final and binding, and is enforceable under Section 36 of the Arbitration and Conciliation Act, 1996 — in the same way as a court decree.

Yes. All FEAM arbitral proceedings are strictly confidential, reinforcing the statutory duty on the institution, the arbitrators and the parties under Section 42A of the Act.Rule 68

You can apply for an Emergency Arbitrator, who can be appointed quickly and issue an order or award within 14 days of appointment — useful for urgent interim relief before the tribunal is constituted.Schedule E

FEAM fixes a provisional advance on costs at commencement. As a general rule, costs follow the event — the unsuccessful party bears the costs — though the tribunal retains discretion in allocating them in the award.Rules 82–83

File a Request for Mediation with FEAM, with the registration fee. FEAM transmits it to the other party within 24 hours, and the appointment of a mediator follows under the Rules.Rule M.3

Mediation is consensual, but you can start the process on your own. For pre-litigation mediation, FEAM notifies the other party, who responds within 5 business days, in line with Section 5 of the Mediation Act, 2023.Rule M.3

Mediation is to be completed within 120 days of commencement, which keeps it faster and lower-cost than litigation.Rule M.6

Yes. A Mediated Settlement Agreement is binding and enforceable under the Mediation Act, 2023.Rule M.9

Commercial, construction, employment, family and community disputes, among others. FEAM maintains category-wise mediator lists so a mediator with the right expertise can be matched to your dispute.

A non-refundable registration fee — from ₹5,000, scaling with the amount in dispute for arbitration; mediation registration is ₹5,000. Administrative and tribunal or mediator fees are additional. See the fee schedule or use the arbitration and mediation calculators.Schedule I

No — the registration fee is non-refundable.

Yes. Parties who first attempt FEAM mediation on the same dispute receive a 10% reduction in arbitration administrative fees — FEAM rewards resolving early.Rule 88.2

FEAM's neutrals are empanelled on merit against published criteria, spanning the Supreme Court and High Court bar and specialist professional practice. See the Panel.Schedule K

Experienced arbitrators, mediators and domain experts can apply for empanelment against the Schedule K criteria. See Join the Panel.

Yes. FEAM is digital-first: filing, virtual hearings and electronic awards are all supported under its ODR & Virtual Hearing Protocol, so a matter can be run entirely online where the parties prefer.Schedule G

No. FEAM administers proceedings impartially; it does not advise or represent any party. For advice on your dispute, consult a lawyer.