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 first be referred to
mediation with (*) If the mediation is abandoned by the mediator or is
otherwise concluded without the dispute or difference being resolved, then
such dispute or difference shall be referred to and determined by arbitration
(*) and such mediation or arbitration shall be conducted in accordance
with Arbitration Rules of the said mediator or arbitrator"
(* Substitute here the name of the
chosen mediator/arbitrator. Please Note that the Membership
Process is in progress and the names of members will shortly be made available
on the site )
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
