ADR Clauses
Insert the Equa Clauses
To adopt Equa’s online dispute resolution mechanism, we recommend that parties incorporate one of the following dispute resolution clauses in their contract:
Arbitration Clause
Arbitration is a dispute resolution mechanism wherein parties are bound by an award made by the arbitrator. Parties should opt for arbitration if they desire a decision by an independent adjudicator.
Notwithstanding anything to the contrary contained herein, any dispute, controversy or claim arising out of or relating to this contract, including its construction, meaning, scope or validity thereof, shall be settled by arbitration under the Arbitration and Conciliation Act, 1996 administered electronically by ‘Equa’ in accordance with its Dispute Resolution Rules (“Rules”).
The parties consent to carry out the aforesaid proceedings electronically on Equa’s platform (https://www.equa.law/) via the following email addresses _____________________________ <<insert one email ID of the first party>> and _____________________________ <<insert one email ID of the second party>>.
The parties agree that the aforesaid proceedings shall be carried out by a sole arbitrator appointed under the Rules. The juridical seat of arbitration shall be _______, India and the language of arbitration shall be English. The law governing the arbitration proceedings shall be Indian law. The decision of the arbitrator shall be final and binding on the parties.
Mediation Clauses
Mediation is a dispute resolution mechanism wherein parties mutually opt to settle the dispute facilitated by a mediator. Parties should opt for mediation if they desire a negotiated settlement.
Notwithstanding anything to the contrary contained herein, any dispute, controversy or claim arising out of or relating to this contract, including its construction, meaning, scope or validity thereof, shall be settled by mediation administered electronically by Equa in accordance with its Dispute Resolution Rules.
The parties consent to carry out the aforesaid proceedings electronically on Equa’s platform (https://www.equa.law/) via the following email addresses _____________________________ <<insert one email ID of the first party>> and _____________________________ <<insert one email ID of the second party>>.
Med-Arb Clause
Med-Arb is a process wherein a dispute is first referred to mediation, and if it is unsuccessful, the dispute is then is finally settled by arbitration.
Notwithstanding anything to the contrary contained herein, any dispute, controversy or claim arising out of or relating to this contract, including its construction, meaning, scope or validity thereof (“dispute”), shall be settled by mediation administered electronically by Equa in accordance with its Dispute Resolution Rules (“Rules”).
If the aforesaid mediation is unsuccessful, the dispute shall thereafter be finally settled by arbitration under the Arbitration and Conciliation Act, 1996 administered electronically by Equa in accordance with its Rules.
The parties consent to carry out the aforesaid proceedings electronically on Equa’s platform (https://www.equa.law/) via the following email addresses _____________________________ <<insert one email ID of the first party>> and _____________________________ <<insert one email ID of the second party>>.
The parties agree that the electronic arbitration proceedings shall be carried out by a sole arbitrator appointed under the Rules. The juridical seat of arbitration shall be _______, India and the language of arbitration shall be English. The law governing the arbitration proceedings shall be Indian law. The decision of the arbitrator shall be final and binding on the parties.
Take care
The dispute resolution clause should be inserted under the heading “Dispute Resolution” or under a similar section in the contract. Please ensure that there are no conflicting dispute resolution clauses under the heading “Dispute Resolution” or “Arbitration” or under a similar section in the contract. In case the contract is already executed, parties can still opt for Equa’s online dispute resolution mechanism by agreeing to one of the above mechanisms.
The email address provided by each party shall be one which is regularly accessed and which will be used to register on Equa’s platform to receive communications pertaining to a dispute that may arise.
For any queries, write to us at info@vdrc.io or call us on 9928168300.
The Drafting Checklist
Have you considered the scope of the arbitration? All disputes, or select ones?
Is there a delegation of authority to determine arbitrability to arbitrator?
Should it be a sole or tripartite arbitration?
Will this be an institutional arbitration or ad hoc?
What rules will apply? Remember it is critical to clarify which rules will apply.
Have you specified a venue/location of arbitration? Remember caveats for different types of cases.
Did you address special discovery provisions or limitations?
Have you specified governing and procedural law?
Have you specified mediation first? Some cases and/ or business relationships might benefit from mediation before arbitration.
Is there an allocation of fees and costs?
Did you insert language regarding attorney fees clause if necessary?