1. JustAct Model Dispute Resolution Clause
The parties shall resolve any dispute arising out of or in connection with anything contained in the Agreement or otherwise by negotiation, mediation or arbitration through JustAct [www.justact.co.in] or any other ADR institution (“Institution”) as agreed mutually by the parties.
If the parties refer the dispute for mediation, the Institution shall, among other things, appoint a neutral Mediator/Conciliator and provide a platform for settlement of dispute between the parties as per the mediation Rules of the Institution. The mediation may be conducted online.
If the parties refer the dispute for arbitration, the Institution shall, among other things, appoint neutrals (Mediator(s) and/or Arbitrator(s)) and the arbitral proceedings may be conducted as per Arbitration Rules of the Institution or rules agreed between the parties.
The arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof. The seat and venue of the arbitration shall be Chennai, India and language of the proceeding shall be English. The award of the Arbitrator shall be final and binding on the Parties. The arbitration may be conducted online.
Should this clause create a contradiction with a statutory requirement or a judicial mandate to resolve certain types of disputes through specific courts, the statutory requirement shall prevail.
2. JustAct Model Dispute Resolution Clause (Sequential Escalation)
The parties shall endeavour to resolve any dispute arising out of or in connection with anything contained in the Agreement or otherwise by negotiation through JustAct, [www.justact.co.in] within 30 (thirty days) of its occurrence or such extended time as may be mutually agreed by the parties.
The parties may choose any other ADR institution provided such institution is as agreed mutually by the parties.
If the dispute has not been resolved through negotiation as provided herein, the parties shall endeavour to refer the dispute/disputes for mediation through JustAct [www.justact.co.in] which shall, among other things, include appointment of Mediator/Conciliator and endeavour for settlement of dispute between the parties as per the mediation Rules of JustAct. The mediation may be conducted online.
In the event, such dispute has not been resolved either through negotiation or mediation, as provided, the parties shall refer the dispute for arbitration by appointing Arbitrator/ Arbitrators through JustAct [www.justact.co.in] as per JustAct Arbitration Rules (JAR) or rules agreeable to parties. The arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof. The seat of arbitration shall be Chennai, India and language of the proceeding shall be English. The award of the Arbitrator shall be final and binding on the Parties. The arbitration may be conducted online.
The Institution shall, among other things, appoint neutrals (Mediator(s) and/or Arbitrator) and provide a platform for settlement of dispute between the parties as per the mediation Rules of the Institution.
Should this clause create a contradiction with a statutory requirement or a judicial mandate to resolve certain types of disputes through specific courts, the statutory requirement shall prevail.
3. JustAct Model Negotiation Clause
The parties shall endeavour to resolve any dispute arising out of or in connection with anything contained in the Agreement or otherwise by negotiation through JustAct, [www.justact.co.in] within 30 (thirty days) of its occurrence or such extended time as may be mutually agreed by the parties.
The Institution shall, among other things, appoint a neutral Mediator/Conciliator and provide a platform for settlement of dispute between the parties as per the negotiation Rules of the Institution. The settlement agreement resulting from the negotiation shall be provided in the form of a Conciliation Award as per section 74 of the Arbitration and Conciliation Act, 1996.
Should this clause create a contradiction with a statutory requirement or a judicial mandate to resolve certain types of disputes through specific courts, the statutory requirement shall prevail.
4. JustAct Model Mediation Clause
In the event of any dispute arising out of or in connection with anything contained in the Agreement or otherwise, such dispute shall be referred to by Parties, for Mediation through JustAct [www.justact.co.in] (“Institution”).
The parties may use or any other ADR institution provided such institution is as agreed mutually by the parties.
The Institution shall, among other things, appoint a neutral Mediator/Conciliator and provide a platform for settlement of dispute between the parties as per the mediation Rules of the Institution.
Should this clause create a contradiction with a statutory requirement or a judicial mandate to resolve certain types of disputes through specific courts, the statutory requirement shall prevail.
5. JustAct Model Arbitration Clause
In the event of any dispute arising out of or in connection with anything contained in the Agreement [or otherwise], the parties shall refer the dispute for arbitration through JustAct [www.justact.co.in] (“Institution”).
The parties may use any other ADR institution provided such institution is agreed mutually by the parties.
The arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof. The seat of arbitration shall be Chennai, India and language of the proceeding shall be English. The award of the Arbitrator shall be final and binding on the Parties. The arbitration may be conducted online.
The Institution shall, among other things, appoint neutral Arbitrator(s) and provide a platform for resolution of the dispute between the parties as per the arbitration Rules of the Institution.
Should this clause create a contradiction with a statutory requirement or a judicial mandate to resolve certain types of disputes through specific courts, the statutory requirement shall prevail.
