Dispute
Resolution
Clause

Dispute Resolution Clause

To adopt Presolv360’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.

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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 resolved and settled by arbitration under the Arbitration and Conciliation Act, 1996 (as amended) administered electronically by Presolv360, an independent institution, in accordance with its Dispute Resolution Rules (“Rules”).

The parties consent to carry out the aforesaid proceedings electronically on Presolv360’s platform (https://www.presolv360.com/) via the following email addresses and / or mobile numbers _____________________________<<insert email IDs and active mobile numbers of each 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 aforesaid proceedings shall be subject to the exclusive jurisdiction of the competent courts in ______ <<same as seat>>, India. 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 Clause
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.

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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 resolved and settled by mediation administered electronically by Presolv360, an independent institution, in accordance with its Dispute Resolution Rules.

The parties consent to carry out the aforesaid proceedings electronically on Presolv360’s platform (https://www.presolv360.com/) via the following email addresses and / or mobile numbers _____________________________ <<insert email IDs and active mobile numbers of each 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.

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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 resolved and settled by mediation administered electronically by Presolv360, an independent institution, in accordance with its Dispute Resolution Rules (“Rules”).

If the aforesaid mediation is unsuccessful, the dispute shall thereafter be finally resolved and settled by arbitration under the Arbitration and Conciliation Act, 1996 (as amended) administered electronically by Presolv360 in accordance with its Rules.

The parties consent to carry out the aforesaid proceedings electronically on Presolv360’s platform (https://www.presolv360.com/) via the following email addresses and / or mobile numbers _____________________________ <<insert email IDs and active mobile numbers of each 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 aforesaid proceedings shall be subject to the exclusive jurisdiction of the competent courts in ______ <<same as seat>>, India. 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.

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 Presolv360’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 Presolv360’s platform to receive communications pertaining to a dispute that may arise.

For any queries, write to us at info@presolv360.com or call us on 022-20821102.



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Mumbai, India

Contact us

Tel: 022-20821102

Write to us

info@presolv360.com

Disclaimer

Presolv360 is owned by Edgecraft Solutions Private Limited, an Indian Company incorporated under the provisions of the Companies Act, 2013. It is not a law firm and does not provide legal advice. The use of any materials or services is not a substitute for legal advice. Only a legal practitioner can provide legal advice. A legal practitioner should be consulted for any legal advice or matter. No Attorney-Client relationship is created by use of these materials or services.

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