SEBI revamps Investor Grievance Redressal Mechanism

Securities and Exchange Board of India

CIRCULAR

SEBI/HO/DMS/CIR/P/201 7/15

February 23, 2017

All Recognized Stock Exchanges (excluding Commodity Derivatives Exchanges)/ Depositories

Sir! Madam,

Sub: Amendment pursuant to comprehensive review of Investor Grievance Redressal Mechanism

In order to enhance the effectiveness of grievance redressal mechanism at Market Infrastructure Institutions (MIIs), SEBI has comprehensively reviewed the existing framework in consultation with the Stock Exchanges and Depositories (inter alia, issues relating to strengthening of arbitration mechanism and investor protection mechanism).

Based on the aforesaid review, it has been decided to revamp the grievance redressal mechanism at Stock Exchanges and Depositories (wherever applicable), as follows:-

1. Investor Grievance Resolution Panel (IGRP)/ Arbitration Mechanism

The existing IGRP! arbitration mechanism to be modified as follows:

A. Public dissemination of profiles of arbitrators

In order to enhance transparency and also to provide choice to parties, Stock Exchanges! Depositories shall disseminate information w.r.t. brief profile, qualification, areas of experience! expertise, number of arbitration matters handled, pre-arbitration experience, etc. of the arbitrators on their website.

B. Submission of documents in soft copies

In order to assist the arbitrators in pronouncing comprehensive and speedy awards, Stock Exchanges! Depositories shall make necessary arrangements in terms of hardware viz., computer, scanner, printer, etc. and required software’s at exchange offices/ Investor Service Centers (ISCs) to facilitate the clients to type! convert their documents into electronic format! soft copy. Such electronic format! soft copies shall be provided to the arbitrators along with original submissions in physical copies.

C. Review and Training of arbitrators

Investor Service Committee of the Stock Exchanges! Depositories shall review the performance of the arbitrators annually and submit the review report to the Board of the Stock Exchange! Depository. Training need of the arbitrators will be catered by National Institute of Securities Markets (NISM). Cost of training of arbitrators may be incurred from ISF.

D. Mechanism for implementation of award

Stock Exchanges! Depositories shall create a common database of defaulting clients accessible to members! depository participants across the Stock Exchanges! Depositories.

For this purpose, a client may be identified as defaulter if the client does not pay the award amount to the member/ depository participant as directed in the IGRP/ arbitration/ appellate arbitration order and also does not appeal at the next level of redressal mechanism within the timelines prescribed by SEBI or file an application to court to set aside such order in accordance with Section 34 of the Arbitration and Conciliation Act, 1996 (in case of aggrieved by arbitration/ appellate award).

E. Empanelment of arbitrators and segregation of arbitration and appellate arbitration panel

There shall be separate panels for arbitration and appellate arbitration. Further, for appellate arbitration, at least one member of the panel should be a Retired Judge.

Stock Exchanges! Depositories shall obtain prior approval of SEBI before empanelment of arbitrators! appellate arbitrators.

F. Empanelment of IGRP members

Stock Exchanges shall empanel IGRP members and no arbitrator! appellate arbitrator shall be empaneled as IGRP member.

G. Revision in professional fee of arbitrators

The arbitrator fee shall be upwardly revised to Rs.18,000/- (Rs. Eighteen thousand) per case. Consequent to this upward revision, the additional expenses attributable to a client over and above the fee structure specified in point J, shall be borne by the client (wherever applicable) and Stock Exchange! Depository equally. The total expense attributable to the member! depository participant has to be borne by the concerned member! depository participant.

H. Place of arbitration! appellate arbitration

In case award amount is more than Rs. 50 lakh (Rs. Fifty lakh), the next level of proceedings (arbitration or appellate arbitration) may take place at the nearest metro city, if desired by any of the party involved. The additional cost for arbitration, if any, to be borne by the appealing party.

I Arbitration! appellate arbitration award

In order to safeguard the interest of the parties involved in arbitration and to ensure speedy implementation of the arbitration award, the rate of interest on the award passed by arbitrators shall be in compliance with Arbitration and Conciliation (Amendment) Act, 2015.

J. Speeding up grievance redressal mechanism

(i) In order to have faster implementation of award and to discourage delayed filling of arbitrations by members, the fee structure (exclusive of statutory dues – stamp duty, service tax, etc.) for filling arbitration reference shall be as follows:-

Source.: Taxguru.in