Rules at PrivateCourt for Conducting Online/Traditional Dispute Resolution

These Rules shall be applicable to all parties who are signatories to the contract/ agreement document/link, which contains PrivateCourt's Arbitration/Dispute Resolution Clause.

Invocation of Dispute:

Any party to the contract, which contains PrivateCourt's Dispute Resolution Clause, feels that a dispute has arisen between them and the other party to the contract shall invoke the Arbitration clause by visiting PrivateCourt's website and by filling out the Dispute Resolution Form. The Disputant Party shall then pay administrative fees for availing of Dispute Resolution Services.

Pre-Arbitration Proceedings (Conciliation):

• Before the appointment of an Arbitrator and setting up of an Arbitral Tribunal, PrivateCourt professionals shall call both parties to resolve the dispute through Conciliation Proceedings.
• If the Respondent feels that the dispute can be resolved through Conciliation but at the same time disagrees with the amount claimed by the Claimant or feels that a certain amount has to be set off against the Claim, he/she/it can request for hearing of Conciliation or submit a written reply to PrivateCourt.
• Before initiation of Conciliation Proceedings, the Respondent shall pay 30% of the Claim amount to the Claimant and Administrative Fees of PrivateCourt as acceptance of Conciliation Proceedings within 15 Days from the date of receiving notification from PrivateCourt regarding initiation of dispute resolution proceedings. The Respondent shall further fill in the settlement terms by visiting PrivateCourt’s website.
• If the Respondent denies participating in Conciliation proceedings or fails to reply to the Conciliation invitation notification within 10 days from the date on which such notification was sent by PrivateCourt, then the matter will be referred to Arbitration by appointment of an Arbitrator or filing of Claim and Defence Statements.
• If the Settlement terms/amount mentioned/payment scheduled mentioned by the Respondent is not acceptable to the Claimant, the Claimant can request for closure of Conciliation Proceedings, and then the matter will be referred to Arbitration by appointment of an Arbitrator or filing of Claim and Defense Statements.

Setting up of Arbitral Tribunal and Subsequent Proceedings:

• If the matter is not resolved at the Pre-Arbitration stage, a Tribunal shall be formed as per the Rules of Arbitration of PrivateCourt.
• Both parties have to share the Fees of Arbitration Proceedings equally.
• Unless otherwise agreed by the Arbitrator, the proceedings shall be documents only Arbitration.
• The Arbitrator can be appointed by PrivateCourt either before or after receiving documents.
• The Claimant will be given a period of 10 days to file the Statement of Claim along with the proof of service to the Respondent.
• The Respondent will be given a period of 10 days from the date when he receives the Statement of Claim from the Claimant to file the Statement of Defence.
• The Award shall be passed within 30 days from the receipt of the Statement of Defence.
• If the Respondent fails to file the Statement of Defence within 10 days from the date of receiving the Statement of Claim, the matter shall proceed ex-parte for Award.
• If the parties default in payment of Arbitration Fees, the matter shall stand dismissed.