Dispute Resolution Clause
Following dispute resolution clauses shall form part of your contract and/or agreement and/or any other documents which bind parties into legal obligation, to allow PrivateCourt to adjudicate the disputes arising out of them.
Before executing/signing any contract, we recommend parties to include following dispute resolution clauses to secure your rights/claims and to avoid litigation. These clauses will allow PrivateCourt to adjudicate the dispute/claim by appointing Arbitrator/Mediator as per the nature of the dispute and as per the intentions of the parties.
All disputes, present, past, or future arising out of the contractual or non-contractual relationships between the parties to the Contract/dispute shall be referred to Arbitration and/or Mediation, or both, as the case may be.
Such disputes or disagreements shall be referred to PrivateCourt ( an Institution having its own set of rules and procedures for disputes resolution), for resolution of disputes/disagreements between the parties to the dispute/s.
PrivateCourt shall get the disputes resolved through its empaneled “Neutrals” ( Arbitrators / Mediators as the case may be ), whose decision in the form of Award, or settlement arrived through the consent of parties, in the case of Mediation shall be final and binding on the parties.
In cases where the dispute is suitable to be resolved by Arbitration, the Arbitrator (s) shall be appointed by PrivateCourt under its Rules of Arbitration, who shall carry out the Arbitration by on-line and/or off-line mode or through a combination of both. The Arbitrations shall be carried out as per the Rules of PrivateCourt which have been framed in accordance with Arbitration and Conciliation Act, 1996, as amended up to date. The award passed by the Arbitrator(s) of the PrivateCourt shall be binding on the parties as mandated by Arbitration and Conciliation Act, 1996, (as amended).
Arbitrations can be held through both, On-line or off-line mode or a combination thereof.
In case, the dispute is suitable to be resolved through Mediation, PrivateCourt shall appoint a Mediator from amongst the empaneled Mediators in
accordance to its rules of Mediation. The Mediator shall be an impartial facilitator, who shall endeavor to promote a settlement between the parties which shall culminate in a binding and final “ Settlement Agreement”. Mediations can also be held through both on-line and or off-line mode of a combination thereof. If the mediation fails and/or parties fail to reach the settlement agreement, then matter will be referred to a sole arbitrator appointed by PrivateCourt to resolve the dispute through Arbitration as per its rule of Arbitration.
For Bills/Invoice(Direct Clause)
We recommend you to add below-mentioned clauses if you don’t have a website and want PrivateCourt to Adjudicate future claims arising our of bills/invoices/POs
All claims and disputes arising under or relating to this bill/invoice will be resolved by PrivateCourt under its “Rules of Arbitration” or “Rules of Mediation” through the Arbitrator / Mediator appointed by PrivateCourt from amongst its empaneled experts. The Arbitration Award or Mediated Settlement, as the case may be, shall be final and binding on the disputing parties.
Terms and conditions for Invoice
Parties who have a website and wish to adjudicate any future claim/dispute through PrivateCourt shall add clause (A) on their Bills/Invoices and Clause(B) on their website.
1. Interest @4% per month shall be charged if this invoice/bill is not paid within _____ days of the receipt.
2.This invoice is governed by "Terms and Conditions for dispute resolution" on our website_____________________(Website Name).
3. All disputes subject to Mumbai Jurisdiction.
4. This is a system-generated invoice and does not require signature/acknowledgment.
5. Any dispute regarding this invoice shall be communicated within 7 days of receipt vide e-mail at ___________________(email address), failing which the right to challenge the invoice shall stand forfeited.
Terms and Conditions for dispute resolution:
All claims and disputes arising under or relating to PO and Invoices issued by our company (Company's Name) are to be settled by binding arbitration. With an objective to adjudicate the dispute, PrivateCourt shall conduct the arbitration by appointing the sole arbitrator and the parties shall be bound by any and all rules of PrivateCourt and any award/decision rendered. Any such arbitration shall be conducted by an experienced arbitrator/lawyer and shall include a written record of the arbitration hearing. Any decision or award as a result of any such arbitration proceeding shall be a speaking Award and shall be in writing.
The place/venue/seat of arbitration shall be Mumbai. Courts in Mumbai shall have exclusive jurisdiction with reference to any Petition/Application/Appeal regarding the above-mentioned arbitration proceedings.