MSME EMPANELMENT GUIDELINE 2026

 

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GUIDELINES FOR EMPANELMENT OF INSTITUTIONS/CENTRES FOR ADR/ODR SERVICES

APPLICABILITY

i.                   These Guidelines shall be applicable to the States/Union Territories UTs for empaneling the institutions or Centers providing alternate dispute resolution services for the purpose of references made by Micro and Small Enterprises Facilitation Councils MSEFCs for conducting online Conciliation and/or Arbitration services on the MSME ODR Portal under Chapter V of Micro, Small and Medium Enterprises Development Act, 2006 Act no 27 of 2006 hereinafter referred to as the Act

ii.                 These Guidelines shall apply for the appointment, termination, and re-appointment in the institutions or Centers providing alternate dispute resolution services by the States /Uts under the Act. Such Institutions or Centers shall only provide services through the MSME ODR Portal of the Ministry of MSME.

iii.              The institutions or Centers empaneled in accordance with these Guidelines shall maintain a panel of Conciliators or Mediators or Arbitrators for conducting alternate dispute resolution services on the MSME ODR Portal as referred by MSEFCs under the Act. Further, a panel of Conciliators or Mediators or Arbitrators shall be maintained by the empaneled institutions or Centers as per the suggested norms laid down in these guidelines.

iv.               These Guidelines are only applicable to the institutions or Centers conducting alternate dispute resolution services on the MSME ODR Portal of the Ministry of MSME.

 

NORMS FOR EMPANELMENT OF INSTITUTIONS OR CENTRES

 

i.                   The States/UTs shall empanel one or more governments or private institutions or Centers for the purpose of references made by the Micro and Small Enterprise Facilitation Centers for conducting alternate dispute resolution services on the MSME ODR Portal, as a service provider. The States/Uts shall enter into a relevant agreement with such institutions or Centers.

ii.                 The States/Uts Shall gather requisite information from the institutions or Centers desirous of being empaneled for providing alternate dispute resolution services on the MSME ODR Portal under these guidelines Such information shall include copies of incorporation documents or registration certificate, memorandum of association and articles of association, rules governing Conciliation or Mediation or Arbitration, PAN, Legal Entity Identifier Number, etc. Changer, if any, to any of this information may be notified to the concerned States / Uts promptly.

iii.              The States /Uts shall also gather any other information or credentials from the institutions or Centers deemed relevant to the empanelment process including: details of Conciliators or Mediators or Arbitrators empaneled by such institutions or Centers, details of Conciliators or Mediators or Arbitrators empaneled by such institutions or Centers experienced in conducting online Conciliation or Mediation or Arbitration, norms for such empanelment fees costs and charges levied for the conduct of Conciliation or Mediation or Arbitration, aggregate number of disputes received for resolution, aggregate number of disputes received for resolution through online Conciliation or mediation or Arbitration if applicable, aggregate number of disputes resolved, aggregate number of disputes resolved by means of online Conciliation or Mediation or Arbitration if applicable, aggregate number of MSME disputes resolved, aggregate number of MSME disputes resolved by means of online Conciliation or Mediation or Arbitration if applicable. Such credentials shall be furnished at the time of empanelment and thereafter on a semi-annual basis. June/December

iv.               The details of Conciliators or Mediators or Arbitrators required to be furnished shall include.

a.      Unique count of Conciliators or Mediators or Arbitrators in commercial matters along with the education.

b.     Training and professional qualification, number of years of experience.

c.      Pervious experience in conducting Conciliation or Mediation or Arbitration including experience in MSME disputes or sectors.

d.     Languages conversant with spoken written readable and

e.      Other demographic details such as age, sex and location .

NORMS FOR PANEL OF CONCILIATORS/MEDIATORS OR ARBITRATORS

1.     The empaneled institutions or centers shall maintain a panel of Conciliators or Mediators or Arbitrators, based on the following suggested factors or criteria

A the applicant shall be a citizen of India

b. the applicant shall not be less than thirty-three years of age and not more than seventy years of age

c. the applicant shall be well versed in the English language reading writing and speaking and any one or two of the regional languages and the ability to read, write, and speak required for communication and effective dispute resolution

d the applicant shall have requisite skills in legal drafting communication and decision-making skills required for imparting a fair resolution of a dispute.

E the applicant shall have knowledge of the functioning of the MSME sector and the laws applicable to the same

F Professional Experience

1-    Legal Services certified professionals handling Conciliation or mediation or Arbitration independently for a minimum period of ten 10 years with a legal background and or

2-    Judges Retired Judges of the Hon’ble Supreme Court, the High Courts, or the District Courts.

3-    Advocates  enrolled with respective Bar Association and having a minimum of ten years of experience in litigation or Conciliation or Mediation or Arbitration and having knowledge of commercial and Arbitration laws.

4-    Executives Company Secretaries or Senior Legal and Commercial executives of the Government Retd or Public Sector Undertaking PSU Retd, or private organizations with at least an experience of fifteen years of legal knowledge.

5-    Industrial experts any industry or industrial establishment personnel of a post higher than a Company Director or a person of similar or of a higher post with experience of at least ten years in the specialized area of domestic and international business and contracts along with legal experience in handling Arbitration matters.

6-    Eminent persons having specialized knowledge, skill, diligence, qualification expertise and experience to ten years in handling MSME disputes