Alternate Avenues of Dispute Resolution can be applied to Civil
Disputes arising out of contractual differences.
Ideally the contract should provide for an "Arbitration Clause".
This would require that in any contract that you enter, you add the
following clause or an alternate expression of the same.
"Any dispute or difference arising
out of or in connection with this contract shall be resolved by
mediation/arbitration using the services of online mediation/arbitration
services provided under
www.arbitration.in The arbitration shall be subject to the
provisions of the Indian Arbitration and Reconciliation Act 1996."
(* Further details of whether
the arbitration will be with a sole arbitrator or a bench etc can be
added as may be considered necessary)
If you have chosen any mediator or
arbitrator who is a member of arbitration.in, please peruse the rules indicated
by them for invoking their services. A draft clause for inclusion into your
contract may also be found there in.
Please check the clauses on the fee
structure in particular. In some cases the fees indicated by the members may be
exclusive of the charges of arbitration.in and in some cases it may be inclusive
of the charges. An attempt will be made to clarify this in every case though
users are advised to check in their own interest to avoid misunderstandings.
In case you have not added such a clause to the contract at
the time of entering into a contract, you may even consider modifying the
earlier contract to the extent required for the inclusion of the arbitration
clause through a supplementary note executed by all the parties to the contract
making a proper reference to the earlier contract. Guidance in this regard can
be obtained from any of the
Zonal Advisors
of arbitration.in
