Private Court Mediation And Arbitration Rules, 2019

CHAPTER I

INTRODUCTION

These Rules lays a structure with an intend to ensure transparency, efficiency and fairness in the dispute resolution. Mediation and Arbitration are conducted by Private Court with a sole purpose of mitigating commercial disputes between the parties.

  • 1. Private Court - Private Court (the “P-Court”) is an entity managed by Tracknext Solutions, for the purpose of providing alternate dispute resolution services to its clients, through mediation and arbitration, in accordance with the Private P-Court Mediation And Arbitration Rules (the “Rules”). The P-Court is the only body authorised to administer mediation or arbitration under these Rules.
  • 2. Definitions- In the Rules;
    1. “arbitral tribunal” means a sole arbitrator appointed by the P-Court;
    2. “claimant” includes one or more claimants in an arbitration proceedings;
    3. “Mediator” means a sole mediator, appointed by the P-Court;
    4. “respondent” includes one or more respondents in an arbitration proceedings;
    5. “party” or “parties” include claimants and respondents ;
    6. “claim” or “claims” include any claim by any party against any other party;
    7. “award” means final award of the arbitral tribunal.
  • 3. Arbitration and Mediation-
    1. In the event of any dispute, the parties shall refer the dispute to Arbitration proceedings under chapter II of the Rules.
    2. The parties may, before initiation of arbitration or before passing of award, refer the dispute to Mediation under chapter III of the Rules. If the dispute has not been settled pursuant to chapter III of the Rules within 45 (Forty Five) days following the filing of a Request for Mediation, such dispute shall thereafter be finally settled under the chapter II of the Rules.

CHAPTER II

ARBITRATION

  • 4. Request for Arbitration-
    1. A party shall initiate arbitration under the Rules shall submit an Online Request for Arbitration (the “Arbitration Request”) to the P-Court through its respective dashboard.Provided no request can be made by a party unless requisite Arbitration fees is duly paid to the P-Court.
    2. The P-Court shall immediately notify the claimant and respondent of the receipt of the Request and the date of such receipt.
    3. The date on which the Request is notified by the P-Court to the parties shall, for all purposes, be deemed to be the date of the commencement of the arbitration.
    4. The claimant shall make payment of the Arbitration fee required by Annexure I (“Arbitration Costs and Fees”) in force on the date the Request is submitted.
    5. Private P-Court shall not take any request if the claimant had not paid the requisite Arbitration Fee.
    6. Any request made by the claimant by any other mode as specifically provided under Chapter II Rule 4, shall be invalid.
  • 5. Appointment of Arbitrator-
    1. The disputes shall be decided by a sole arbitrator appointed by the P-Court.
    2. That P-Court shall appoint an arbitrator immediately after receipt of request, from its panelled arbitrators only.
    3. Every arbitrator must be and remain impartial and independent of the parties involved in the arbitration.
    4. Immediately after the appointment of the arbitration, the profile of the arbitrator shall be made available on the dashboard of the parties.
  • 6. Replacement of Arbitrators-
    1. An arbitrator shall be replaced only upon death or upon acceptance of resignation by the P-Court.
    2. An arbitrator shall may be replaced on the P-Court’s own initiative when it decides that the arbitrator is prevented dejure or de facto from fulfilling the arbitrator’s functions, or that the arbitrator is not fulfilling those functions in accordance with the Rules or within the prescribed time limits.
  • 7. Claim-
    1. Within 30 days from the date of receipt of the Request, the claimant shall submit a Claim (the “Claim”) to the P-Court through its respective dashboard only.
    2. If the Claimant fails to provide Claim within 30 days, the Tribunal shall have a liberty to close the arbitration on ground of dismissal by default.
  • 8. Answer to the Request-
    1. Within 30 days from the date of receipt of the Request, the respondent shall submit an Answer (the “Answer”) to the P-Court through its respective dashboard only.
    2. If the respondent fails to provide an Answer within 30 days, the Tribunal shall have a liberty to proceed ex-parte.
  • 9. Conduct of the Arbitration- The arbitrator and the parties shall make every effort to conduct the arbitration in an expeditious manner.
  • 10. Establishing the Facts of the Case-
    1. The arbitral tribunal shall proceed within as short a time as possible to establish the facts of the case by all appropriate means.
    2. After studying the Claim and Answer of the parties and all documents relied upon, the arbitral tribunal may hear the parties together, or separately, though Video Conferencing only, if any of them so requests or, failing such a request, it may of its own motion decide to hear them.
    3. The arbitral tribunal will not hear or entertain any witnesses, experts appointed by the parties or any other person.
    4. At any time during the proceedings, the arbitral tribunal may summon any party to provide additional evidence.
    5. The arbitral tribunal may decide the case solely on the documents submitted by the parties unless any of the parties requests a hearing.
  • 11. Closing of the Proceedings and Date for Submission of Award-
    1. Within 10 days after the establishment of the case the arbitral tribunal shall declare the proceedings closed with respect to the matters to be decided in the award; and
    2. After the proceedings are closed, no further submission or argument may be made, or evidence produced, with respect to the matters to be decided in the award, unless requested or authorised by the arbitral tribunal.
    3. The arbitral tribunal shall pass an award within 10 days from the date of closing of the proceedings.
  • 12. Award by Consent-If the parties reach a settlement, at any time before passing of the arbitration award, the arbitral tribunal in accordance with the settlement of the parties shall pass an award.
  • 13. Correction and Interpretation of the Award; Remission of Awards-

The arbitral tribunal, on its own initiative or on an application of a party, may correct a clerical, computational or typographical error, or any errors of similar nature contained in an award, provided such correction is submitted for approval to the P-Court within 30 days of the date of such award.

Provided, A decision to correct or to interpret the award shall take the form of an addendum and shall constitute part of the award.

CHAPTER III

MEDIATION

  • 14. Request for Mediation-
    1. A party shall initiate mediation under the Rules shall submit an Online Request for Mediation (“ mediation request”) to the P-Court through its respective dashboard. Provided no mediation request can be made by a party unless requisite Mediation fees is duly paid to the P-Court.
    2. The P-Court shall immediately notify the parties of the receipt of mediation request and the date of such receipt.
    3. The date on which mediation request is notified by the P-Court to the parties shall, for all purposes, be deemed to be the date of the commencement of the mediation.
    4. The parties shall make payment of the Mediation fee required by Annexure II (“Mediation Costs and Fees”) in force on the date the Request is submitted.
    5. Private P-Court shall not take any request if the parties had not paid the requisite Mediation Fee.
    6. Any request made by the parties by any other mode as specifically provided under Rule 14(1), shall be invalid.
  • 15. Appointment of Mediator-
    1. The disputes shall be decided by a sole mediator appointed by the P-Court.
    2. That P-Court shall appoint a mediator immediately after receipt of request, from its panelled mediator only.
    3. Every mediator must be and remain impartial and independent of the parties involved in the mediation.
    4. Immediately after the appointment of the mediator, the profile of the mediator shall be made available on the dashboard of the parties.
  • 16. Replacement of Arbitrators-
    1. A mediator shall be replaced only upon death or upon acceptance of resignation by the P-Court.
    2. A mediator shall also be replaced on the P-Court’s own initiative when it decides that the mediator is prevented de jure or de facto from fulfilling the mediator’s functions, or that the arbitrator is not fulfilling those functions in accordance with the Rules or within the prescribed time limits.
  • 17. Gathering Information-
    1. Within 30 days from the date of receipt of the Mediation Request, the parties shall submit a brief of their issue (“issue”) to the P-Court through its respective dashboard only.
    2. If any party fails to provide issue within 30 days, the Mediation Tribunal shall have a liberty to, close the mediation and pass report of mediation failure.
  • 18. Issue Framing and Settlement Proposal-
    1. The Mediation tribunal, shall within 15 (Fifteen) days, as per the facts of the dispute shall frame issues.
    2. After framing of issue the mediation tribunal shall provide a settlement proposal to the parties.
  • 18. Issue Framing and Settlement Proposal-
    1. The Mediation tribunal, shall within 15 (Fifteen) days, as per the facts of the dispute shall frame issues.
    2. After framing of issue the mediation tribunal shall provide a settlement proposal to the parties.
  • 19. Mediation Success or Failure-
    1. 19.1. If the parties accepts the settlement proposal the mediation tribunal shall submit a report of mediation successful.
    2. 19.2. If any of the party denies the settlement proposal the mediation tribunal shall submit a report of mediation failure.
  • 20. Proposal by Consent- If the parties reach a settlement, the mediation tribunal in accordance with the settlement of the parties shall provide a settlement proposal.
  • 21. Correction and Interpretation of the Mediation Proposal- The mediation tribunal, on its own initiative or on an application of a party, may correct a clerical, computational or typographical error, or any errors of similar nature contained in a proposal, provided such correction is submitted for approval to the P-Court within 30 days of the date of such proposal.
  • Provided, A decision to correct or to interpret the proposal shall take the form of an addendum and shall constitute part of the proposal.

CHAPTER IV

General Clauses

  • 22. Place & Language of the Arbitration and Mediation-
    1. The arbitration and mediation shall be held completely online; and
    2. The language of arbitration and mediation shall be English language.
  • 23. Jurisdiction and Law- Mediation and Arbitration shall be governed and construed in accordance with the laws of India, with exclusive jurisdiction conferred on the Courts at New Delhi, India.
  • 24. Non-Refundable- Any payments made by the parties in accordance with Annexure I & II shall, once they are paid, not be refundable nor credible for any reason whatsoever.
  • 25. Bar on Court case- During the pendency of Mediation or Arbitration the parties are barred from filing any case before a court of competent jurisdiction.

Annexure I

Arbitration Costs and Fees

[Payment Schedule]

Freelancer

(50% Off on Yearly Price)

Yearly Income not more than

₹ 5 Lac

Upload Agreements

Unlimited

Arbitration

10 Cases

Arbitration Fee*

₹ 1000

Documentation*

₹ 500

Price (Monthly)

₹ 2400

Price Yearly

₹ 14400

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(50% Off on Yearly Price)

Yearly Income not more than

₹ 20 Lac

Upload Agreements

Unlimited

Arbitration

20 Cases

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₹ 2000

Documentation*

₹ 500

Price (Monthly)

₹ 4500

Price Yearly

₹ 27000

Corporate

(50% Off on Yearly Price)

Yearly Income not more than

₹ 50 Lac

Upload Agreements

Unlimited

Arbitration

30 Cases

Arbitration Fee*

₹ 5000

Documentation*

₹ 500

Price (Monthly)

₹ 7000

Price Yearly

₹ 42000

Corporate Plus

(50% Off on Yearly Price)

Yearly Income not more than

₹ 1 Cr

Upload Agreements

Unlimited

Arbitration

40 Cases

Arbitration Fee*

₹ 10000

Documentation*

₹ 500

Price (Monthly)

₹ 10000

Price Yearly

₹ 60000

Freelancer

(50% Off on Yearly Price)

Yearly Income not more than

$ 10K

Upload Agreements

Unlimited

Arbitration

10 Cases

Arbitration Fee*

$ 30

Documentation*

$ 10

Price (Monthly)

$ 99

Price Yearly

$ 720

Freelancer Plus

(50% Off on Yearly Price)

Yearly Income not more than

$ 30K

Upload Agreements

Unlimited

Arbitration

20 Cases

Arbitration Fee*

$ 50

Documentation*

$ 10

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$ 129

Price Yearly

$ 930

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Yearly Income not more than

$ 50K

Upload Agreements

Unlimited

Arbitration

30 Cases

Arbitration Fee*

$ 100

Documentation*

$ 10

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$ 199

Price Yearly

$1450

Corporate Plus

(50% Off on Yearly Price)

Yearly Income not more than

$ 100K USD

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Unlimited

Arbitration

40 Cases

Arbitration Fee*

$ 200

Documentation*

$ 10

Price (Monthly)

$ 249

Price Yearly

$ 1800

Annexure II

Mediation Costs and Fees

[Payment Schedule]

Freelancer

(50% Off on Yearly Price)

Yearly Income not more than

₹ 5 Lac

Upload Agreements

Unlimited

Arbitration

10 Cases

Arbitration Fee*

₹ 1000

Documentation*

₹ 500

Price (Monthly)

₹ 2400

Price Yearly

₹ 14400

Freelancer Plus

(50% Off on Yearly Price)

Yearly Income not more than

₹ 20 Lac

Upload Agreements

Unlimited

Arbitration

20 Cases

Arbitration Fee*

₹ 2000

Documentation*

₹ 500

Price (Monthly)

₹ 4500

Price Yearly

₹ 27000

Corporate

(50% Off on Yearly Price)

Yearly Income not more than

₹ 50 Lac

Upload Agreements

Unlimited

Arbitration

30 Cases

Arbitration Fee*

₹ 5000

Documentation*

₹ 500

Price (Monthly)

₹ 7000

Price Yearly

₹ 42000

Corporate Plus

(50% Off on Yearly Price)

Yearly Income not more than

₹ 1 Cr

Upload Agreements

Unlimited

Arbitration

40 Cases

Arbitration Fee*

₹ 10000

Documentation*

₹ 500

Price (Monthly)

₹ 10000

Price Yearly

₹ 60000

Freelancer

(50% Off on Yearly Price)

Yearly Income not more than

$ 10K

Upload Agreements

Unlimited

Arbitration

10 Cases

Arbitration Fee*

$ 30

Documentation*

$ 10

Price (Monthly)

$ 99

Price Yearly

$ 720

Freelancer Plus

(50% Off on Yearly Price)

Yearly Income not more than

$ 30K

Upload Agreements

Unlimited

Arbitration

20 Cases

Arbitration Fee*

$ 50

Documentation*

$ 10

Price (Monthly)

$ 129

Price Yearly

$ 930

Corporate

(50% Off on Yearly Price)

Yearly Income not more than

$ 50K

Upload Agreements

Unlimited

Arbitration

30 Cases

Arbitration Fee*

$ 100

Documentation*

$ 10

Price (Monthly)

$ 199

Price Yearly

$1450

Corporate Plus

(50% Off on Yearly Price)

Yearly Income not more than

$ 100K USD

Upload Agreements

Unlimited

Arbitration

40 Cases

Arbitration Fee*

$ 200

Documentation*

$ 10

Price (Monthly)

$ 249

Price Yearly

$ 1800

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