Dispute Resolution Rules
Dispute Resolution Rules
Page 8 of 43
Dispute Resolution Rules
DISCLAIMER
‘Presolv360’ is not a law firm and does not provide legal advice. Services provided or use
of any material provided by the Company are 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 receiving
services or use of materials provided by Presolv360.
This document is the exclusive property of Presolv360. By reading and / or using the
document, you will be deemed to have agreed to the obligations and restrictions set out
herein. Without the express prior written consent of Presolv360, the document, or any
information contained therein, shall not be, in whole or in part, (i) reproduced, (ii) copied
at any time, (iii) provided to any other person, (iv) used for any purpose, other than the
use for which it is intended.
TABLE OF CONTENTS
About Presolv360
Section 1 – Preliminaries
2 Scope of Application 3
1 Initiating Arbitration 8
3 Notice of Arbitration 8
4 Appointment of Arbitrator 8
5 Resolution Fee 9
6 Challenge of Arbitrator 9
7 Replacement of Arbitrator 10
8 Representation 10
10 Arbitration Process 11
11 Statement of Claim 13
14 Further Pleadings 15
15 Jurisdiction 15
16 Interim Measures 15
17 Conduct of Proceedings 16
18 Evidence 18
20 Closure of Proceedings 19
22 Settlement 19
23 Award 19
24 Costs 20
28 Applicable Law 22
29 Communication 23
30 Exclusion of Liability 23
31 Confidentiality 24
32 Interpretation 24
1 Initiating Mediation 26
3 Invitation to Mediate 26
4 Participation 26
5 Negotiation 27
6 Appointment of Mediator 27
7 Resolution Fee 28
8 Replacement of Mediator 28
9 Representation 28
10 Language of Mediation 29
12 Role of Parties 30
15 Applicable Law 32
16 Confidentiality 32
17 Exclusion of Liability 33
18 Interpretation 34
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 and / or
claim arising out of and / or relating to this contract, including its construction, interpretation,
meaning, scope, operation, effect and / or validity thereof (“Dispute”), shall be resolved by
arbitration, administered by Presolv360, an independent institution, in accordance with its
Dispute Resolution Rules (“Rules”).
The parties agree that the arbitration shall be before a sole arbitrator appointed under the
Rules. The juridical seat of arbitration shall be ___, 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. Subject to the above, the competent courts
at the seat shall have exclusive jurisdiction.
The parties agree to carry out the arbitration proceedings virtually through the online dispute
resolution (“ODR”) platform of Presolv360 (https://presolv360.com/) and, for such purpose,
the email addresses and / or mobile numbers available, provided or otherwise referenced in
the contract shall be considered. Each party shall be responsible for intimating such institution
in the event of any change in its email address and / or mobile number throughout the
arbitration proceedings. In the event the arbitration proceedings cannot be administered
virtually in the opinion of the arbitrator, the proceedings shall be conducted physically, and
the venue of the proceedings shall be as determined by the arbitrator having regard to the
circumstances of the case, including the convenience of 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.
Notwithstanding anything to the contrary contained herein, any dispute, controversy and / or
claim arising out of and / or relating to this contract, including its construction, interpretation,
meaning, scope, operation, effect and / or validity thereof (“Dispute”), shall be resolved by
mediation, administered by Presolv360, an independent institution, in accordance with its
Dispute Resolution Rules.
The parties agree to carry out the mediation proceedings virtually through the online dispute
resolution (“ODR”) platform of Presolv360 (https://presolv360.com/) and, for such purpose,
the email addresses and / or mobile numbers available, provided or otherwise referenced in
the contract shall be considered. Each party shall be responsible for intimating such institution
in the event of any change in its email address and / or mobile number throughout the
mediation proceedings.
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 finally settled by arbitration.
Notwithstanding anything to the contrary contained herein, any dispute, controversy and / or
claim arising out of and / or relating to this contract, including its construction, interpretation,
meaning, scope, operation, effect or validity thereof (“Dispute”), shall be resolved by
mediation, administered by Presolv360, an independent institution, in accordance with its
Dispute Resolution Rules (“Rules”).
If the mediation is a non-starter or unsuccessful or the parties are unable to resolve the
Dispute within a period of 45 days, the Dispute shall thereafter be finally resolved by
arbitration, administered by Presolv360 in accordance with its Rules.
The parties agree that the arbitration shall be before a sole arbitrator appointed under the
Rules. The juridical seat of arbitration shall be ___, 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. Subject to the above, the competent courts
at the seat shall have exclusive jurisdiction.
The parties agree to carry out the proceedings virtually through the online dispute resolution
(“ODR”) platform of Presolv360 (https://presolv360.com/) and, for such purpose, the email
addresses and / or mobile numbers available, provided or otherwise referenced in the contract
shall be considered. Each party shall be responsible for intimating such institution in the event
of any change in its email address and / or mobile number throughout the proceedings. In the
event the arbitration proceedings cannot be administered virtually in the opinion of the
arbitrator, the proceedings shall be conducted physically, and the venue of the proceedings
shall be as determined by the arbitrator having regard to the circumstances of the case,
including the convenience of 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 by an exchange of letters / emails.
The email addresses and mobile numbers 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.
Kindly ensure that the “Notice” clause in the contract enables parties to serve notices /
communications by email, text message and tele-messaging applications such as WhatsApp.
If you desire to resolve your dispute using Presolv360’s platform, you agree to be bound by
these Dispute Resolution Rules.
These Dispute Resolution Rules are designed to help you take maximum advantage of
Presolv360’s online dispute resolution system and prevent needless litigation, safeguard
yourself from adversities of disputes and resolve them quickly, economically, effectively and
efficiently.
Section 1 – Preliminaries
1.4. “Code” refers to the Arbitrators’ and Mediators’ Code of Conduct and Disclosure
Rules and shall deem to include any amendments, variations, modifications or
updates thereto.
1.6. “Court”, unless the context otherwise requires, shall have the same meaning as
provided in Section 2(1)(e) of the Arbitration and Conciliation Act, 1996.
1.7. “Initiating Party” or “Claimant” refers to the party that refers the dispute to
Presolv360 and shall include his authorised representative(s) and persons
claiming under him.
1.9. “Panel of Arbitrators” refers to the arbitrators empaneled with Presolv360. Where
the context so requires, reference to an arbitrator shall include reference to an
arbitral tribunal.
1.10. “Panel of Mediators” refers to the mediators empaneled with Presolv360. For the
purpose of these rules, the term mediators shall mean and include conciliators.
1.17. “Rules” are Presolv360’s Dispute Resolution Rules and shall deem to include any
amendments, variations, modifications or updates thereto.
1.18. “Terms & Conditions” refers to the terms and conditions available at
https://www.presolv360.com/terms_conditions and shall deem to include any
amendments, variations, modifications or updates thereto.
1.19. “Whitelisting” in relation to an email address refers to the act of ensuring that
emails from a particular email address or domain are received in the primary
inbox of the user that is regularly accessed rather than a junk folder or spam
folder or promotions tab or any other folder or tab not regularly accessed by the
user.
Examples:
1. Whitelisting an email address with ‘Gmail.com’
Step 1: Sign-in to your Gmail account and follow the below steps.
Step 2: Add the email address to your contacts
Add the relevant email address to your Gmail contacts. Gmail will usually
deliver emails from email addresses that are in your contacts.
Step 3: Mark messages as ‘Not spam’
If Gmail has marked emails you wish to receive in your primary inbox as spam,
take the following steps:
i. In Gmail, navigate to the spam folder
ii. Search for emails you wish to receive in your primary inbox
iii. Select the relevant email(s)
iv. Click on ‘Not spam’
The aforesaid processes may change from time to time and it is recommended to
verify the latest settings from the email provider.
1.20. “Working Days” shall include all days except Sundays and public holidays notified
by the Ministry of Personnel, Public Grievances and Pensions, Government of
India for each calendar year.
1.21. Reference to any law, statute or statutory provision includes a reference to that
law, statute or provision as from time to time amended, extended, re-enacted or
consolidated and to all statutory instruments or orders made there under.
1.22. The plural includes the singular and vice-versa, and references to any gender
include references to all other genders. Words denoting persons include firms
and body corporates.
1.23. The headings in this document are inserted for convenience only and shall not
affect the construction or interpretation of these Rules.
1.24. Lists of examples shall be non-exhaustive and words such as “including” and “in
particular” shall not be construed as limiting a wider class of things.
2. Scope of Application
2.1. Where parties have a Reference Agreement, or upon joint application, or upon
reference by a court, statutory authority or governing body referring a dispute
for resolution to Presolv360, then such disputes shall be resolved in accordance
with these Rules that are in effect as on the date on which request is made to
Presolv360.
2.2. Where parties do not have a Reference Agreement and a request is made to
Presolv360 by the Initiating Party or Claimant, Presolv360 shall invite the
Responding Party or Respondent for resolution of the dispute, by electronic
arbitration or electronic mediation, as the case may be, administered by
Presolv360 under these Rules. The Responding Party or Respondent shall respond
to the invitation within seven (7) Working Days, or such other period as may be
mutually decided by the parties not exceeding thirty (30) Working Days, from the
date of receipt of the invitation, failing which, the invitation shall be deemed to
have lapsed. If the parties agree to resolve their dispute on the Presolv360
Platform, these Rules shall supersede all prior representations, writings,
negotiations or understandings between the parties in respect of any rules and
procedures for the resolution of their dispute.
2.3. Section 1 and Section 2 of these Rules shall apply to electronic arbitration
conducted via the Arbitration360 module. Section 1 and Section 3 of these Rules
shall apply to electronic mediation conducted via the Mediation360 module.
2.4. If any of the Rules are silent on any particular aspect or in conflict with any
applicable law for the time being in force from which the parties cannot derogate,
the mandatory provisions of such law shall apply or prevail, as the case may be.
2.5. These Rules must be read in conjunction with the Code, Terms & Conditions,
Privacy Policy, instructions, other policies and notifications which may be
applicable to any specific section or module of the Presolv360 Platform.
2.6. Nothing contained in these Rules shall prevent any party to the dispute from
applying to Presolv360, an independent institution, to act as the authority to
appoint one or more arbitrators or mediators in an ad hoc arbitration or mediation,
without subjecting the arbitration or mediation, as the case may be, to these Rules.
The party requesting appointment shall be required to pay such fees as may be
prescribed by Presolv360 in this regard.
3.1. For the purpose of these Rules, Correspondence may be uploaded on the
Presolv360 Platform or transmitted or provided through electronic means,
consent for which shall be deemed to have been provided, to the email address,
and / or via messaging applications such as text messaging, WhatsApp etc. as per
the contact details, and / or through physical means by postal or courier service
or by hand delivery or any other appropriate means that provides a record of its
delivery to the business, residence or mailing address, available, provided or
otherwise referenced in the Reference Agreement or the underlying agreement. If
no such details are available or provided in the agreement, it may be transmitted
as per the contact details provided by the Initiating Party or Claimant or as per
the last known contact details or any publicly accessible details.
provided that the date of uploading or transmission is verifiable, and the time of
receipt shall be determined with reference to the recipient’s time zone. It shall be
the responsibility of the party uploading on the Presolv360 Platform or
transmitting electronically to retain records of the fact of uploading or
transmission, as the case may be, which shall be available for inspection by the
affected party and Presolv360. Correspondence transmitted physically shall be
deemed to have been received on the day when it is delivered to the recipient. In
the event, service has not been effected electronically and physically in the
manner specified in Rule 3.1 above in spite of taking reasonable efforts, it shall
be deemed to have been received on the day when delivery was attempted,
provided that record of attempted delivery is verifiable.
[Explanation: The term ‘verifiable’ for delivery through electronic means shall
mean, for the purpose of email, where no ‘return to sender’ message, ‘bounce
back’ message or ‘error’ message has been received from the mail server, of text
message, where no delivery failure notification has been received, of messaging
application, where it is considered delivery by such messaging application. In the
event of successful delivery of any Correspondence, a party obstructs subsequent
Correspondence by Presolv360 by blocking, Blacklisting, deleting or by any other
means so as to resist delivery, such subsequent Correspondence shall be deemed
to have been delivered to the said party.]
3.3. In the event the party uploading on the Presolv360 Platform or transmitting
electronically receives information of its failure or non-delivery, the party shall
forthwith inform Presolv360 of the fact of such failure or non-delivery, by way of
an email addressed to Presolv360 at admin@presolv360.com, upon which,
Presolv360 will examine the issue and determine the course of action. The
affected party may be required to upload or transmit once again, and any time
spent in genuinely pursuing and rectifying the issue shall stand excluded from
the time limit prescribed in this regard.
3.4. For the purpose of calculating the time limits under these Rules, the period shall
begin to run on the day following the day of receipt. If the last day of such period
is not a Working Day, the period is extended until the first Working Day which
follows. Non-Working Days occurring during the running of the period of time are
included in calculating the time limits.
4.1. For the purpose of these Rules, each party is responsible for regularly accessing
the inbox, archive folder, junk folder, spam folder, promotions tab or any other
folder or tab where emails or messages could be received in respect of the email
address or contact details provided as per Rule 3.1 of Section 1 of these Rules.
4.3. Each party is responsible to forthwith, upon accessing its email and / or
messaging application and upon receipt of any email and / or messages pertaining
to any aspect covered under these Rules, read the said email and / or message,
diligently follow the instructions and take necessary action within the time limits
prescribed.
4.4. Parties shall not disregard, neglect, ignore, omit, block, delete or Blacklist or
cause any of the aforesaid in respect of any email and / or message pertaining to
any aspect covered under these Rules, failing which, it shall be considered that
such party has knowingly and willfully committed or caused to commit such an
act after fully understanding the consequences and shall be solely responsible for
such consequences.
4.5. For the purpose of these Rules, each Party is responsible for registering its
account on the Presolv360 Platform, completing its profile, regularly accessing
the account and taking necessary actions pursuant to these Rules and as per
instructions communicated to the party. Each party shall ensure that there is no
unauthorized third-party access to its account on the Presolv360 Platform, its
registered email and contact details, and all devices on which any of the aforesaid
can be accessed.
4.6. Each party is responsible for providing true, accurate, current and complete
information when using the Presolv360 Platform, and is responsible for
maintaining and updating all information so provided, to ensure that it remains
accurate, true, current and complete.
4.8. Each party, while using the Presolv360 Platform, shall be responsible to ensure
that they do not:
4.8.1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights of others;
4.8.4. Upload or distribute files that contain viruses, corrupted files, or any
other similar software or programs that may compromise the integrity
of the Presolv360 Platform; or
4.8.5. Download or use any data, information or file for which the party is not
the intended recipient or is not authorised to receive it for the intended
recipient.
4.8.6. Copy, record, reproduce or disclose to any other person in any manner,
or use for any purpose, other than for the purpose of these Rules, any
data, information or document relating to the proceedings under the
Rules.
5.1. Law relating to personal data exempt, from the provisions of such law, entities
that process or disclose such data for the purpose of enforcing a legal right or
claim, seeking a relief, opposing a claim. Since Presolv360 processes or discloses
data for such purposes only, it is covered by the exemptions provided under such
law.
5.2. Unless otherwise agreed between Presolv360 and any party, Presolv360 shall
retain and preserve data, record and Correspondence for a period of three (3)
years from the date on which request is made to Presolv360, except where such
data, record and Correspondence is required to be retained and preserved or can
be erased and destroyed beyond or before the said period, as the case may be, as
per law or any court, statutory authority or governing body.
5.3. It shall be the responsibility of the parties to intimate Presolv360 to retain and
preserve or to erase and destroy relevant data, record and Correspondence if so
required by any court, statutory authority or governing body.
5.4. Any party requiring a certified copy of Correspondence may apply by way of an
email addressed to Presolv360 at admin@presolv360.com specifying the details
of the Correspondence required and such party shall collect the same after
payment of the fees prescribed in this regard.
1. Initiating Arbitration
1.1. The Claimant shall initiate arbitration via the Claimant’s account on the
Presolv360 Platform in the form prescribed by Presolv360.
1.2. The date on which arbitration is initiated on the Presolv360 Platform shall be
deemed to be the date on which request is made to Presolv360.
2.1. Upon verification, the Claimant shall, unless not required, pay a non-refundable
registration fee as prescribed by Presolv360 within two (2) Working Days, upon
which the arbitration proceedings shall proceed. If the Claimant fails to pay the
registration fee, the arbitration may be rejected.
2.2. Upon verification, if the form contains any material defect or omits material
information, Presolv360 may reject the arbitration.
3. Notice of Arbitration
3.2. The Respondent may, within seven (7) Working Days from the date of Notice of
Arbitration, respond to the said notice by way of an email addressed to Presolv360
at admin@presolv360.com, and such response may include the following, unless
already provided by the Respondent:
3.3. A copy of the response to the Notice of Arbitration, if any, will be provided to the
Claimant by Presolv360 and shall be dealt with by the arbitrator appointed in
accordance with Rule 4 hereinbelow.
3.4. The Respondent shall, unless already registered, create an account on the
Presolv360 Platform and follow the instructions for onboarding, as communicated
by Presolv360.
4. Appointment of Arbitrator
4.1. Unless otherwise agreed by the parties or where terms of reference are stipulated
by a court, statutory authority or governing body, arbitration proceedings under
these Rules shall be carried out by a sole arbitrator. Presolv360 shall appoint the
arbitrator from the Panel of Arbitrators on behalf of all the parties after evaluating
the nature, complexity and quantum qua the dispute, area of expertise, availability
and ability to conduct the proceedings neutrally and fairly qua the arbitrator, and
independence of the arbitrator qua the parties. For this purpose, Presolv360 may
use its automated case allocation tool that runs algorithms to randomize the
process of appointment of an arbitrator.
4.2. The arbitrator so appointed shall intimate his acceptance and consent, alongwith
the necessary disclosures, or refusal, to act as an arbitrator, as per the Code.
4.3. The appointment of an arbitrator by Presolv360 under these Rules shall be final
and binding on the parties.
4.4. Upon acceptance of the appointment by the arbitrator, the parties will be notified
of the consent received and the disclosures made by the arbitrator.
5. Resolution Fee
5.1. Unless otherwise agreed, the parties shall be required to pay the resolution fee as
prescribed by Presolv360 within five (5) Working Days from the receipt of a
payment requisition by Presolv360, upon which the arbitration shall proceed.
5.2. If the Claimant fails to make the payment, the arbitration proceedings may be
suspended.
5.3. If the Respondent fails to make the payment, the Claimant may elect to make
payment of the Respondent’s share of fees, failing which, the arbitration
proceedings may be suspended.
5.4. If the resolution fee as prescribed by Presolv360 is not paid in full within ten (10)
Working Days from the receipt of the payment requisition, the arbitration
proceedings may be terminated.
6. Challenge of Arbitrator
6.1. An arbitrator may be challenged if circumstances exist that give rise to justifiable
doubts as to the arbitrator’s independence or impartiality.
For this purpose, the grounds stated in the Fifth Schedule to the Arbitration and
Conciliation Act, 1996 shall guide in determining whether circumstances exist
which give rise to justifiable doubts as to the independence or impartiality of an
arbitrator.
6.2. A party who intends to challenge the arbitrator shall send a notice of challenge
alongwith the reasons of challenge by way of an email addressed to Presolv360 at
admin@presolv360.com. The arbitrator shall be challenged within three (3)
Working Days from the appointment of the arbitrator who is being challenged or
within three (3) Working Days after the circumstances mentioned in Rule 6.1
above become known to that party. Presolv360 shall provide a copy of the notice
of challenge to the arbitrator who is being challenged as well as the other party.
6.3. The arbitrator may suspend the arbitration until the challenge is resolved or
decided, but will not be obliged to do so.
6.4. When an arbitrator has been challenged by a party, the arbitrator may, suo moto,
withdraw to act as the arbitrator, in which case, the arbitrator shall be replaced
in accordance with the procedure referred to in Rule 7 below. If the arbitrator
does not withdraw from office, the arbitrator shall decide on the challenge as
expeditiously as possible.
6.5. If the challenge is sustained, the arbitrator shall be replaced in accordance with
the procedure referred to in Rule 7 below. If the challenge is rejected, the
arbitrator shall continue with the arbitration.
6.6. The decision in respect of the challenge of arbitrator shall be final and binding
on the parties. Copy of the decision shall be provided to the parties by Presolv360.
7. Replacement of Arbitrator
7.1. An arbitrator shall be replaced upon his death, or his resignation, recusal,
withdrawal, or upon acceptance of a valid challenge, or upon receipt, by
Presolv360, of a request by all parties for the arbitrator’s removal.
7.2. An arbitrator shall also be replaced by Presolv360 suo moto, if it is of the opinion
that the arbitrator is prevented de jure or de facto from fulfilling his functions or
that the arbitrator is not fulfilling those functions in accordance with, or within
the time limit prescribed by, these Rules, Code, Terms & Conditions, Privacy
Policy, other policies and notifications which may be applicable to any specific
section or module of the Presolv360 Platform or any applicable law, for the time
being in force.
7.3. When an arbitrator is required to be replaced for any reason under these Rules, a
substitute arbitrator shall be appointed pursuant to the Rules that were applicable
to the appointment of the arbitrator being replaced.
7.4. If an arbitrator is replaced, the proceedings shall resume at the stage where the
arbitrator who was replaced ceased to perform his functions.
8. Representation
8.2. For this purpose, the appointing party shall submit a Letter of Authority (format
available here) by way of an email addressed to Presolv360 at
admin@presolv360.com, stating that the authorised representative shall have full
authority to do all such acts that may be necessary during the course of the
arbitration proceedings.
8.3. The party appointing the authorised representative shall notify any changes
thereto, including termination, change of representation, etc., by way of an email
addressed to Presolv360 at admin@presolv360.com.
8.5. Presolv360 and the arbitrator shall not be liable for any acts of the authorised
representative, on behalf of the appointing party, or any outcome resulting
thereof.
9.1. The juridical seat of arbitration shall be the seat specified in the Reference
Agreement. If no seat is specified, the juridical seat shall be determined by the
arbitrator having regard to the circumstances of the case, including the
convenience of the parties. For all purposes, the arbitration proceedings shall be
considered to be conducted at the seat.
9.2. The arbitration proceedings shall be conducted in English and if any document is
not in English, such document shall be accompanied with a translation in English.
10.2. The arbitrator shall decide the dispute on the basis of written pleadings and
documentary evidence submitted and uploaded by the parties without any oral
hearing.
10.3. The written pleadings and documentary evidence of the parties shall be in
electronic format. No physical pleadings or documents shall be entertained. If
they are not in electronic format, the written pleadings and documentary
evidence shall be scanned, submitted and uploaded in electronic format. Under
exceptional circumstances, in the spirit of providing a party full opportunity to
present its case, the arbitrator may consider audio recordings submitted by such
party as its pleading or evidence, as the case may be.
10.4. The written pleadings and documentary evidence should be submitted and
uploaded in electronic format on the Presolv360 Platform from the parties’
respective accounts. In the event, any party has submitted any communication or
document by way of an email or via a messaging application from verified contact
details, upon a request to that effect, the same will be uploaded by Presolv360 on
the Presolv360 Platform. All written pleadings and documentary evidence shall
be in accordance with the following standards:
10.4.1. The written pleadings and documentary evidence of any party shall not
exceed one hundred (100) pages in aggregate and twenty megabytes (20
MB) in size per upload. Subject to Rule 10.6 below, the arbitrator shall
have discretion to restrict the review of written pleadings and
documentary evidence up to the limit mentioned hereinabove and
disregard those written pleadings and documentary evidence exceeding
beyond the aforesaid limits.
10.4.3. Each physical document shall be reduced to one electronic file, even if
several pages constitute the physical document. Multiple files shall be
zipped by following the below steps:
Step 2: Right-click the file or folder, select ‘Send to’, and then
select ‘Compressed (zipped) folder’.
Step 3: A new zipped folder with the same name is created in the
same location.
The above process may vary depending upon the operating system used.
The parties are requested to verify the process to zip multiple files.
10.4.4. To facilitate file identification and organization, the name of the file
should convey case ID assigned to the dispute, the name of the party and
the nature of the document.
10.4.6. Each party shall use reasonable efforts to ensure that the written
pleadings and documentary evidence are not corrupted, damaged or
destroyed.
10.5. Parties shall ensure that the physical originals from which the electronic copies
have been made, submitted and uploaded on the Presolv360 Platform are
available throughout the arbitration and, to the extent required by any rules or
other applicable law, for a subsequent period.
10.8. Upon submission and uploading of the written pleadings and documentary
evidence, the parties shall have ‘view-only’ access.
10.9. No party shall copy, record, reproduce or disclose to any other person in any
manner, or use for any purpose, other than for the purpose of these Rules, any
written pleadings and documentary evidence of the other party.
11.1. The Claimant shall, within ten (10) Working Days from the receipt of notification
of appointment of arbitrator, submit and upload on the Presolv360 Platform via
the Claimant’s account, the ‘Statement of Claim’, preferably in Form 1 (format
available here).
11.2.4. The relief or remedy sought, together with amount of all quantifiable
claims;
11.2.5. The legal grounds and arguments supporting the claim; and
11.3. The Statement of Claim should be accompanied by all documents and other
evidence relied upon by the Claimant and should also be accompanied by witness
statements and expert statements, if any, in support of the claim.
11.4. A copy of the Statement of Claim will be provided to the Respondent and the
arbitrator by Presolv360.
11.5. If the Claimant fails to submit and upload the Statement of Claim on the
Presolv360 Platform within the prescribed time limit, the arbitration proceedings
may be terminated.
12.1. The Respondent shall, within fifteen (15) Working Days from the receipt of the
Statement of Claim, submit and upload on the Presolv360 Platform via the
Respondent’s account, the ‘Statement of Defence’ and ‘Statement of Counterclaim
/ Set-off’, if any, preferably in Form 2 (format available here).
12.2. The Statement of Defence shall set out full defence to the Statement of Claim,
including a statement of facts and the legal grounds and arguments supporting
the defence.
12.3. The Statement of Defence should be accompanied by all documents and other
evidence relied upon by the Respondent and should also be accompanied by
witness statements and expert statements, if any, in support of the defence.
12.4. The Statement of Counterclaim / Set-off, if any, by the Respondent shall comply
with the requirements of Rule 11.2 and Rule 11.3 of Section 2 of these Rules.
12.6. If a Counterclaim / Set-off has is made by the Respondent, the Claimant shall,
within fifteen (15) Working Days from the receipt of the Statement of
Counterclaim / Set-off, submit and upload on the Presolv360 Platform via the
Claimant’s account, the ‘Statement of Defence to the Counterclaim / Set-off’, if
any, preferably in Form 3 (format available here).
12.7. The Statement of Defence to the Counterclaim / Set-off by the Claimant shall
comply with the requirements of Rule 12.2 and Rule 12.3 of Section 2 of these
Rules.
12.8. If the Respondent fails to submit and upload the Statement of Defence on the
Presolv360 Platform within the prescribed time limit, or if the Claimant fails to
submit and upload the Statement of Defence to the Counterclaim / Set-off on the
Presolv360 Platform within the prescribed time limit, the arbitrator may proceed
with the arbitration. The arbitration proceedings shall continue without treating
the failure in itself as an admission of the allegations made in the Statement of
Claim or Statement of Counterclaim / Set-off, as the case may be, and the
arbitrator shall have the discretion to treat the right of the Respondent, in case of
the Statement of Defence, or the Claimant, in case of the Statement of Defence to
the Counterclaim / Set-off, as having been forfeited.
13.1. No party shall amend, supplement or modify its claim or defence or counterclaim
/ set-off or defence thereto without leave of the arbitrator.
13.2. A party, seeking amendment to its pleadings, may make an application by way of
an email addressed to Presolv360 at admin@presolv360.com, and the arbitrator
may grant leave to the party to amend its pleadings and determine the time limit
and procedure for communicating such amendments.
14.1. No party shall make further pleadings without leave of the arbitrator.
14.2. A party, seeking to make further pleadings, may make an application by way of
an email addressed to Presolv360 at admin@presolv360.com, and the arbitrator
may grant leave to the party to make further pleadings and determine the time
limit and procedure for communicating such further pleadings.
15. Jurisdiction
15.1. The arbitrator shall have the power to rule on his own jurisdiction, including any
objections with respect to the existence or validity of the arbitration agreement.
For that purpose, an arbitration clause which forms part of a contract shall be
treated as an agreement independent of the other terms of the contract. A
decision by the arbitrator that the contract is null and void shall not entail ipso
jure the invalidity of the arbitration clause.
15.2. A plea that the arbitrator does not have jurisdiction shall be raised no later than
in the Statement of Defence or in a Statement of Defence to the Counterclaim /
Set-off. A failure by a party to raise a jurisdictional objection by then shall be
treated as an express waiver of that objection. A plea that the arbitrator is
exceeding the scope of its jurisdiction shall be raised as soon as the matter alleged
to be beyond the scope of its jurisdiction is raised during the arbitration.
15.3. The arbitrator may rule on his jurisdiction in the award on the merits.
16.1. A party may, during the arbitration proceedings, or at any time after the making
of the award but before it is enforced in accordance with Section 36 of the
Arbitration and Conciliation Act, 1996, apply to the arbitrator:
16.2. The arbitrator may modify, suspend or terminate an interim measure he has
granted.
16.3. The arbitrator may require the party requesting an interim measure to provide
appropriate security in connection with the measure.
16.4. For the purpose of this Rule, the arbitrator shall have the same power for making
orders, as the Court has for the purpose of, and in relation to, any proceedings
before it.
16.5. Subject to any orders passed in an appeal under Section 37 of the Arbitration and
Conciliation Act, 1996, any order issued by the arbitrator under this Rule shall be
deemed to be an order of the Court for all purposes and shall be enforceable
under the Code of Civil Procedure, 1908, in the same manner as if it were an order
of the Court.
17.1. The arbitrator shall conduct the arbitration proceedings in accordance with these
Rules and in such manner as he considers appropriate to ensure the avoidance of
unnecessary delay and expense, and provided that such proceedings ensure fair
and equal treatment of the parties and afford them a reasonable opportunity to
present their case.
17.2. The arbitrator shall be empowered to conduct such enquiries as may be necessary
or expedient or require the parties to make any document available which is in
their possession, custody or control, which the arbitrator considers relevant to
the arbitration proceedings and material to its outcome.
17.3. The arbitrator may, suo moto or on the request of a party, after due notice to all
the parties concerned, and after considering the relevance to the issue, conduct
oral hearings in exceptional cases, in which case:
17.3.1. The arbitrator shall fix, in consultation with the parties, the date and the
time of the oral hearing.
17.3.2. If a party or witness is unable to attend the oral hearing, such party shall
be required to inform Presolv360, by way of an email addressed to
admin@presolv360.com, at least 3 Working Days in advance.
17.3.3. The oral hearing shall be conducted remotely via audio and / or video
conferencing in a manner determined by the arbitrator.
17.3.4. The arbitrator shall decide on the need of an in-person hearing based on
a request made by a party to that effect. If it is justified, the arbitrator
shall, in consultation with the parties, determine the date, time and
venue of such hearing, and shall further determine the costs of such
hearing, which party shall bear such costs and in what proportion.
17.4. The arbitrator may extend or shorten any time limits prescribed under Section 2
of these Rules, so far as such time limits do not exceed those prescribed under
the Arbitration and Conciliation Act, 1996. Where a particular law, code or
regulations governing the parties stipulates any time limits, or where the terms
of reference issued by a court, statutory authority or governing body prescribe
any time limits, the arbitrator shall complete the entire arbitration within the time
limits so stipulated or prescribed.
17.5.1. A party, seeking to add an additional party to the proceedings, may make
an application by way of an email addressed to Presolv360 at
admin@presolv360.com, providing reasons for joinder and true,
accurate, current and complete information of the additional party as
required under these Rules;
responses within seven (7) Working Days from the date of the
application;
17.5.3. In the event the application for joinder of additional party is allowed by
the arbitrator, the date of such order shall be deemed to be the date on
which request is made to Presolv360 qua the additional party;
17.5.4. The arbitrator’s decision to grant joinder of the additional party shall be
without prejudice to the competence of the arbitrator to rule on his
jurisdiction arising from such a decision;
17.5.5. All the rights that accrue to a party who was a party to the proceedings
from the beginning of the proceedings shall accrue to the additional
party from the date on which such additional party was joined in the
proceedings.
17.6. In all matters not expressly provided for in these Rules, the arbitrator shall act in
accordance with the spirit and intent of these Rules and shall make every effort
to make sure that the award is made in accordance with and is enforceable by law.
18. Evidence
18.1. Witness statements and expert statements, if any, shall be signed, submitted and
uploaded alongwith the written pleadings of the parties.
18.2. The arbitrator shall determine the admissibility, relevance, materiality and weight
of any evidence. The arbitrator shall not be bound to apply any rules of evidence.
18.3. No party shall submit additional evidence without leave of the arbitrator.
18.4. A party, seeking to submit additional evidence, may make an application by way
of an email addressed to Presolv360 at admin@presolv360.com, and the arbitrator
may grant leave to the party to submit additional evidence and determine the
time limit and procedure for submitting such additional evidence.
19.1. The arbitrator, in consultation with Presolv360, may appoint an expert and
require a report on specific issues to be determined by the arbitrator. Cost of such
an expert shall be borne by the parties.
19.2. For this purpose, the arbitrator may require a party to give such expert any
relevant information or provide any relevant document.
19.3. The expert so appointed shall submit the report by way of an email addressed to
Presolv360 at admin@presolv360.com.
19.4. Copy of the report will be provided to the arbitrator and the parties by Presolv360.
20.1. Subject to Rule 13, Rule 14 and Rule 17 of Section 2 of these Rules, the
proceedings shall be deemed to be closed:
20.1.1. In the event no Counterclaim / Set-off is raised, after the expiry of fifteen
(15) days from the receipt of Statement of Claim, or on submission and
upload of Statement of Defence, whichever is earlier; or
20.1.2. In the event Counterclaim / Set-off is raised, after the expiry of fifteen
(15) days from the Statement of Counterclaim / Set-off, or on submission
and upload of Statement of Defence to the Counterclaim / Set-off,
whichever is earlier.
20.2. The arbitrator may, suo moto or on an application of a party, after closure of
proceedings but before the termination of arbitration proceedings, reopen the
proceedings.
21.1. A failure by any party to object promptly, or, if a time limit is provided for stating
that objection, within that period of time, to any non-compliance with these Rules
shall be deemed to be a waiver of the right of such party to make such an
objection, unless such party can show that, under the circumstances, its failure
to object was justified.
22. Settlement
22.1. If, after request is made to Presolv360 but before the arbitration proceedings are
terminated, the parties settle the dispute, the arbitration proceedings shall stand
terminated and, if requested by the parties, the arbitrator shall record the
settlement in the form of an ‘Arbitral Award on Agreed Terms’.
22.2. The form and content of the Arbitral Award on Agreed Terms shall be as per Rule
23 below, to the extent applicable.
22.3. The Arbitral Award on Agreed Terms shall have the same status and effect as an
award under these Rules.
23. Award
23.1. The arbitrator shall make every effort to publish and upload the award on the
Presolv360 Platform within fifteen (15) Working Days from the date of closure of
proceedings.
23.2. The award made in pursuance to these Rules shall be final and binding on the
parties.
23.3. The award shall state the reasons upon which it is based unless the award is an
Arbitral Award on Agreed Terms.
23.4. The award shall be authenticated by the arbitrator by affixing his signature or
digital / electronic signature and it shall contain the seat of arbitration and the
date on which it is made.
23.5. The award uploaded by the arbitrator shall be made available to the parties on
the Presolv360 Platform and a signed copy shall be delivered to each party. An
electronically signed award shall be deemed to be the original and delivery of the
same through electronic means in the manner specified in Rule 3.1 of Section 1
of these Rules shall be sufficient compliance of Section 31(5) of the Arbitration
and Conciliation Act, 1996.
23.6. The arbitrator may award simple or compound interest on any sum which is the
subject of the arbitration at such rates as the arbitrator determines to be
appropriate, in respect of any period which the arbitrator determines to be
appropriate.
23.7. Stamp duty and statutory registration fees, if any, in respect of the award, shall
be borne by the party in accordance with the scale of stamp duties and statutory
registration fees for the time being imposed by law.
23.8. By agreeing to arbitration under these Rules, the parties undertake to carry out
the award immediately and without delay, and they also irrevocably waive their
rights to any form of appeal, review or recourse to any court or judicial authority
insofar as such waiver may be validly made.
23.9. Presolv360 shall have a lien over any award issued by the arbitrator to secure the
payment of any outstanding fees and expenses, and may refuse to communicate
any such award to the parties until all such fees and expenses have been paid in
full.
24. Costs
24.1. The arbitrator shall have the discretion to determine whether costs are payable
by one party to another, the amount of such costs and when such costs are to be
paid.
24.2. If the arbitrator decides to make an order as to payment of costs, the general rule
is that the unsuccessful party shall be ordered to pay the costs of the successful
party.
24.3. In determining the costs, the arbitrator shall have regard to all the circumstances,
including the conduct of all the parties, whether a party has succeeded partly in
the case, whether the party had made a frivolous counterclaim leading to delay
in the disposal of the arbitration proceedings and whether any reasonable offer
to settle the dispute is made by a party and refused by the other party.
25.1. Within fifteen (15) Working Days from the receipt of the award, a party may, by
way of an email addressed to Presolv360 at admin@presolv360.com, request for
a correction in the award in case of any error in computation, any clerical or
typographical error or any error of a similar nature, or request for an additional
award with respect to claims presented in the arbitration proceedings but not
dealt with in the award.
25.2. Presolv360 shall provide a copy of such request to the arbitrator and the other
party.
25.3. If the arbitrator considers the request to be justified, he shall make every effort
to make the correction or make the additional award within fifteen (15) Working
Days from the receipt of the request. Any correction, made in the original award,
shall constitute part of the award.
25.4. The arbitrator may, suo moto, correct any error of the type referred to in Rule 25.1
above.
26.1. At the request of a party, Presolv360 may consolidate two or more arbitrations
under these Rules, if:
26.1.1. The facts and circumstances in respect of all the claims in the
arbitrations are similar; and
26.2. Presolv360 shall provide copies of such a request for consolidation to all the other
parties.
26.3. The consolidation of two or more arbitrations is without prejudice to the validity
of any act done or order made by any court or judicial authority or in an
arbitration proceeding before the consolidation.
26.4. The decision as to consolidation will be final and binding on the parties.
27.2. The arbitrator shall issue an order for the termination of arbitration proceedings,
before making of the Award, if:
27.2.3. The arbitrator finds that the continuation of the proceedings has become
unnecessary or impossible.
27.3. Copies of the order for termination of the arbitration proceedings shall be
provided to the parties by Presolv360.
27.4. In the event, the arbitration proceedings are terminated due to expiry of any time
limits prescribed under these Rules, a party may, by way of an email addressed
to Presolv360 at admin@presolv360.com, request for restoration of the
arbitration along with reasons for the delay resulting in expiry of such time limit.
27.5. Presolv360 shall provide copies of such a request for restoration to all the other
parties and the arbitrator.
27.7. The decision as to restoration will be final and binding on the parties.
28.2.1. The arbitrator shall decide the dispute in accordance with the rules of
law designated by the parties as applicable to the substance of the
dispute;
28.2.2. Any designation by the parties of the law or legal system of a given
country shall be construed, unless otherwise expressed, as directly
referring to the substantive law of that country and not to its conflict of
laws rules;
28.2.3. Failing any designation of the law under Rule 28.2.1 above by the parties,
the arbitrator shall apply the rules of law it considers to be appropriate
given all the circumstances surrounding the dispute.
28.3. The arbitrator shall decide ex aequo et bono or as amiable compositeur only if the
parties have expressly authorised it to do so.
28.4. While deciding and making an award, the arbitrator shall, in all cases, take into
account the terms of the contract and trade usages applicable to the transaction.
29. Communication
29.1. No party shall communicate ex-parte with any arbitrator and the arbitrator shall
not communicate with any party during the pendency of the arbitration
proceedings.
30.1. Presolv360 and the arbitrator shall not be liable to any person for any negligence,
act or omission in connection with any arbitration governed by these Rules, save
as where the act or omission is shown by that party to constitute conscious and
deliberate wrongdoing committed by the body or person alleged to be liable to
that party.
30.2. Presolv360 and the arbitrator shall not be under any obligation to make any
statement in connection with any arbitration governed by these Rules. No party
shall seek to make Presolv360 or any arbitrator a party or a witness in any legal
proceedings in connection with any arbitration governed by these Rules.
30.4. Presolv360 and the arbitrator, for the purpose of the arbitration proceedings or
any of its obligations under these Rules or any applicable law, shall not be liable
to any person, if Presolv360 or the arbitrator or the Presolv360 Platform is
prevented, restricted, delayed or interfered with, due to circumstances beyond
their reasonable control, including but not limited to, Government legislations,
fires, floods, explosions, epidemics, accidents, acts of God, wars, riots, strikes,
lockouts, or other concerted acts of workmen, acts of Government and / or
shortages of materials, hacking, unanticipated technological or natural
interference or intrusion, loss or damage to satellites, loss of satellite linkage or
any other data communications linkage, loss of connectivity or any other
irresistible force or compulsion.
30.6. Each party shall indemnify, defend and hold harmless Presolv360 and the
arbitrator from and against any claim, suit or proceeding brought by a third party
to the extent that it is based on or arises from:
30.6.3. Contravention of any rules or any applicable law for the time being in
force.
31. Confidentiality
31.1. All proceedings relating to the arbitration under these Rules shall be kept
confidential by the parties, the arbitrator and Presolv360 except the award where
its disclosure is necessary for the purpose of its implementation and enforcement.
32. Interpretation
32.1. Any question arising as to interpretation of these Rules, Code, Terms & Conditions,
Privacy Policy, instructions, other policies and notifications which may be
applicable to any specific section or module of the Presolv360 Platform shall be
determined by Presolv360 and its decision and interpretation shall be final and
binding.
32.2. Presolv360 may, from time-to-time, issue practice notes to clarify, supplement or
implement these Rules for facilitating better administration of arbitration
proceedings.
33.1. These Rules may be amended, varied, modified or updated by Presolv360 at any
time.
1. Initiating Mediation
1.1. The Initiating Party shall initiate mediation via the Initiating Party’s account on
the Presolv360 Platform in the form prescribed by Presolv360.
1.2. The date on which mediation is initiated on the Presolv360 Platform shall be
deemed to be the date on which request is made to Presolv360.
2.1. Upon verification, the Initiating Party shall, unless not required, pay a non-
refundable registration fee as prescribed by Presolv360 within two (2) Working
Days, upon which the mediation proceedings shall proceed. If the Initiating Party
fails to pay the registration fee, the mediation may be rejected.
2.2. Upon verification, if the form contains any material defect or omits material
information, Presolv360 may reject the mediation.
3. Invitation to Mediate
3.1. An ‘Invitation to Mediate’ shall be transmitted to the Responding Party and a copy
thereof shall be provided to the Initiating Party.
3.2. The Responding Party shall, within seven (7) Working Days from the receipt of the
Invitation to Mediate, or such other period as may be mutually decided by the
parties not exceeding thirty (30) Working Days, accept or reject the said invitation
by completing the onboarding process communicated to the Responding Party or
by way of an email addressed to Presolv360 at admin@presolv360.com, as the
case may be, failing which, the mediation shall be deemed to be a non-starter.
3.3. Presolv360 shall communicate to the Initiating Party whether the Invitation to
Mediate is accepted, rejected or where the mediation is a non-starter.
3.4. If the Invitation to Mediate is accepted by the Responding Party, the date of
acceptance shall be deemed to be the date on which request is made to Presolv360.
3.5. The Responding Party shall, unless already registered, create an account on the
Presolv360 Platform and follow the instructions for onboarding, as communicated
by Presolv360.
4. Participation
4.1. Unless referred by a court, statutory authority or governing body, if the dispute
registered with Presolv360 is pending before any court, statutory authority or
governing body, the parties should inform the court, statutory authority or
governing body of their intention to resolve the dispute by mediation on the
Presolv360 Platform. If no legal, judicial, arbitral or other proceedings have been
instituted by either party in relation to the dispute, the parties should participate
in the mediation proceedings on the Presolv360 Platform before pursuing any
other available remedy in relation to the dispute.
4.2. Each party shall be responsible for its participation in the mediation proceedings.
Upon a request to that effect, Presolv360 will assist the parties with the
onboarding process. However, Presolv360 shall not be responsible for non-
participation of any party, in which case the mediation proceedings may be
terminated.
5. Negotiation
5.1. The parties may engage in good faith negotiation via the Presolv360 Platform
which shall be moderated by Presolv360.
5.2. During the course of the negotiation, if the parties arrive at a resolution, a
‘Settlement Agreement’ may be drawn up and the dispute shall be closed and
marked as ‘Resolved’ and the mediation shall stand terminated.
5.3. If no resolution is achieved during the negotiation or within seven (7) Working
Days from the date on which request is made to Presolv360, whichever is earlier,
the dispute may be escalated for the appointment of a mediator from the Panel of
Mediators.
6. Appointment of Mediator
6.1. Unless otherwise agreed by the parties, or where terms of reference are stipulated
by a court, statutory authority or governing body, mediation under these Rules
shall be carried out by a sole mediator. Presolv360 shall appoint the mediator
from the Panel of Mediators on behalf of all the parties after evaluating the nature,
complexity and quantum qua the dispute, area of expertise, availability and ability
to conduct the proceedings neutrally and fairly qua the mediator, and
independence of the mediator qua the parties. For this purpose, Presolv360 may
use its automated case allocation tool that runs algorithms to randomize the
process of appointment of a mediator. If the parties so desire, they may request
the appointment of a particular mediator from the Panel of Mediators.
6.3. The mediator so appointed shall intimate his acceptance and consent, alongwith
the necessary disclosures, or refusal, to act as a mediator, as per the Code.
6.4. The appointment of a mediator by Presolv360 under these Rules shall be final and
binding on the parties.
6.5. Upon acceptance of the appointment by the mediator, the parties shall be notified
of the appointment.
7. Resolution Fee
7.1. Unless otherwise agreed, the parties shall be required to pay the resolution fee as
prescribed by Presolv360 within five (5) Working Days from the receipt of a
payment requisition, upon which the mediation shall proceed.
7.2. If any party fails to make the payment, the other party may elect to make payment
of the non-paying party’s share of fees, failing which, the mediation proceedings
may be suspended.
7.3. If the resolution fee as prescribed by Presolv360 is not paid in full within ten (10)
Working Days from the receipt of the payment requisition by Presolv360, the
mediation proceedings may be terminated.
8. Replacement of Mediator
8.1. A mediator shall be replaced upon his death or the mediator’s resignation,
recusal, withdrawal or upon receipt, by Presolv360, of a request by all parties for
the mediator’s removal.
8.2. Any party may object to the appointment of a mediator, within three (3) Working
Days from the receipt of notice of appointment of the mediator, if there exists
any actual or potential conflict which is likely to impair the mediator’s
independence or impartiality. The party shall communicate the objections by way
of an email addressed to Presolv360 at admin@presolv360.com and copy thereof
shall be provided to the mediator and the other party.
8.3. Upon receipt of the objections, the mediator may, suo moto, withdraw to act as
the mediator, in which case, the mediator shall be replaced. If the mediator does
not withdraw from office and if the objections are valid, Presolv360 shall replace
the mediator.
8.4. A mediator shall also be replaced by Presolv360 suo moto, if it is of the opinion
that the mediator is unable to fulfil his functions or that the mediator is not
fulfilling those functions in accordance with, or within the time limit prescribed
by, these Rules, Code, Terms & Conditions, Privacy Policy, other policies and
notifications which may be applicable to any specific section or module of the
Presolv360 Platform, or any applicable law, for the time being in force.
8.5. When a mediator is required to be replaced for any reason under these Rules, a
substitute mediator shall be appointed pursuant to the Rules that were applicable
to the appointment of the mediator being replaced.
9. Representation
9.2. For this purpose, the appointing party shall submit a Letter of Authority (format
available here) by way of an email addressed to Presolv360 at
admin@presolv360.com, stating that the authorised representative shall have full
authority to do all such acts that may be necessary during the course of the
mediation proceedings.
9.3. The party appointing the authorised representative shall notify any changes
thereto including termination, change of representation, etc. by way of an email
addressed to Presolv360 at admin@presolv360.com.
9.5. Presolv360 or the mediator shall not be liable for any acts of the authorised
representative, on behalf of the appointing party, or any outcome resulting
thereof.
11.1. The mediator may request each party to submit a brief written statement
describing the general nature of the dispute, and may also set out the issues that
need to be resolved, its position in respect to those issues, and the facts and
grounds in support thereof, supplemented by any documents and other evidence
that such party deems appropriate.
11.2. At any stage of the mediation, the mediator may request a party to submit such
additional information as deemed appropriate.
11.3. The mediator shall fix, in consultation with the parties, a time schedule, the dates
and the time of each mediation session, which may be a joint session with all the
parties, or may even be separate sessions with any party.
11.5. The mediation sessions should be conducted electronically via audio and / or
video conferencing in a manner determined by the mediator.
11.6. The mediator shall not be bound by the law of civil procedure or the evidence
law.
11.7. The mediator may conduct the proceedings in such manner, as he considers
appropriate, considering the circumstances of the case, the wishes of the parties
and the need for a speedy resolution of the dispute.
11.8. The mediator may obtain expert advice on technical matters with the consent of
the parties, who shall bear the expenses incurred.
11.9. The mediator shall only be a facilitator, and not a decision maker. The parties
shall decide the resolution of their dispute, with the help of the mediator, who
shall conduct the proceedings with the best practices available in the domain.
12.1. Each party shall co-operate with the mediator and shall give full assistance to
enable the mediation process to proceed and be concluded within the time limit
stipulated.
12.2. Each party shall ensure that it is reachable as per the time schedule agreed by the
mediator and the parties and shall punctually participate in the session.
12.3. Each party may, at its own initiative, or at the invitation of the mediator, give
suggestions for settlement of the dispute.
12.4. The parties acknowledge that the mediator only facilitates the parties in arriving
at a decision to resolve disputes and that the mediator does not impose any
settlement nor does the mediator give any guarantee that the mediation
proceedings will result in a settlement. In the case of conciliation proceedings, the
conciliator may, at any stage of the conciliation proceedings, make proposals for
a settlement of the dispute. Such proposals need not be in writing and need not
be accompanied by a statement of reasons therefor.
12.5. The parties shall commit to participate in the proceedings in good faith with the
intention to settle the disputes.
13.1. The parties shall make every effort to resolve the dispute as expeditiously as
possible and endeavor shall be made to conclude the mediation proceedings
within forty-five (45) days from the date on which request is made to Presolv360.
Where a particular law, code or regulations governing the parties stipulates any
time limits, or where the terms of reference issued by a court, statutory authority
or governing body prescribe any time limits, the arbitrator shall complete the
entire arbitration within the time limits so stipulated or prescribed.
13.2. Where the parties arrive at a resolution, a settlement agreement should be drawn
up and signed, physically or electronically, by the parties and the mediator. If
requested by the parties, the mediator may draw up, or assist the parties in
drawing up, the settlement agreement.
13.3. The settlement agreement may be uploaded on the Presolv360 Platform and a copy
thereof shall be furnished to each party. An electronically signed settlement
agreement shall be deemed to be the original and furnishing the same through
electronic means in the manner specified in Rule 3.1 of Section 1 of these Rules
shall be sufficient.
13.4. The settlement agreement made in pursuance to these Rules shall be final and
binding on the parties and the parties undertake to carry out the terms of the
settlement agreement immediately and without delay.
13.5. Stamp duty and statutory registration fees, if any, in respect of the settlement
agreement, shall be the responsibility of the parties and any fees thereto shall be
borne by the parties in accordance with the scale of stamp duties and statutory
registration fees for the time being imposed by law.
13.6. The settlement agreement shall have the same status and effect as if it is an
Arbitral Award on Agreed Terms on the substance of the dispute rendered by an
arbitrator under Rule 22 of Section 2 of these Rules.
14.1.1. Upon signing of the settlement agreement by the parties, on the date of
the agreement;
14.1.2. Upon the recommendation of the mediator, and after consultation with
the parties, further attempts at resolution are no longer justified;
14.1.4. The mediator is unable to uphold the Rules, Code, Terms & Conditions,
Privacy Policy, instructions, other policies and notifications which may
be applicable to any specific section or module of the Presolv360
Platform, or any applicable law for the time being in force; or
14.1.5. The mediator is of the opinion that the parties are unable to voluntarily
arrive at a settlement.
14.2. The mediation proceedings shall be terminated by Presolv360 if, in its opinion,
any party:
14.2.2. Breaches or violates the Rules, Code, Terms & Conditions, Privacy Policy,
instructions, other policies and notifications which may be applicable to
any specific section or module of the Presolv360 Platform, or any
applicable law, for the time being in force; or
14.2.3. Commits or omits any act in bad faith, with gross negligence, or with a
fraudulent or dishonest intent.
14.3. Where the Reference Agreement stipulates or upon joint application by the parties
or where a particular law, code or regulations governing the parties stipulates or
where the terms of reference issued by a court, statutory authority or governing
body prescribe that if the mediation is a non-starter or unsuccessful or the parties
are unable to resolve their dispute within the stipulated timeframe, the dispute
shall thereafter be finally resolved by arbitration, administered electronically by
Presolv360 under these Rules.
15.1. Unless otherwise agreed, mediation proceedings under these Rules shall be
governed by applicable laws prevalent in India.
16. Confidentiality
16.1. The parties, the mediator and all persons involved in the mediation proceedings
shall maintain confidentiality of all matters relating thereto, including all
documents, records and communications, during as well as after its completion.
16.2. Confidentiality shall also extend to the settlement agreement, except where
disclosure is necessary for the purpose of its implementation and enforcement.
Presolv360 may include information concerning the mediation in any aggregate
statistical data that it publishes concerning its activities, provided that such
information does not reveal the identity of the parties or enables the particular
circumstances of the dispute to be identified.
16.3. The parties, the mediator and all persons involved in the mediation proceedings
shall not copy, record, reproduce or disclose to any other person in any manner,
or use for any purpose, other than for the purpose of these Rules, any matter
relating to the mediation proceedings, including all documents, records and
communications.
16.5. Information, records, reports or other documents and all communications made
for the purpose of, in the course of, or pursuant to the mediation proceedings
16.5.1. Any views expressed and / or suggestions made and / or proposals for
settlement made by any party during the proceedings;
16.5.2. Any admissions made by any party regarding the dispute between the
parties;
16.5.4. The fact that any party had indicated their willingness to accept a
proposal for settlement.
17.2. Presolv360 and the mediator shall not be liable to any person for any negligence,
act or omission in connection with any mediation governed by these Rules, save
as where the act or omission is shown by that party to constitute conscious and
deliberate wrongdoing committed by the body or person alleged to be liable to
that party.
17.3. Presolv360 and the mediator shall not be under any obligation to make any
statement in connection with any mediation governed by these Rules. No party
shall seek to make Presolv360 or any mediator a party or a witness in any legal
proceedings in connection with any mediation governed by these Rules.
17.5. Presolv360 and the mediator, for the purpose of the mediation proceedings or
any of its obligations under these Rules or any applicable law, shall not be liable
to any person, if Presolv360 or the mediator or the Presolv360 Platform is
prevented, restricted, delayed or interfered with, due to circumstances beyond
their reasonable control, including but not limited to, Government legislations,
fires, floods, explosions, epidemics, accidents, acts of God, wars, riots, strikes,
lockouts, or other concerted acts of workmen, acts of Government and / or
shortages of materials, hacking, unanticipated technological or natural
interference or intrusion, loss or damage to satellites, loss of satellite linkage or
any other data communications linkage, loss of connectivity or any other
irresistible force or compulsion.
17.6. Each party shall indemnify, defend and hold harmless Presolv360 and any
mediator from and against any claim, suit or proceeding brought by a third party
to the extent that it is based on or arises from:
17.6.3. Contravention of any rules or any applicable law for the time being in
force.
18. Interpretation
18.1. Any question arising as to interpretation of these Rules, Code, Terms &
Conditions, Privacy Policy, instructions, other policies and notifications which
may be applicable to any specific section or module of the Presolv360 Platform
shall be determined by Presolv360 and its decision and interpretation shall be
final and binding.
18.2. Presolv360 may, from time-to-time, issue practice notes to clarify, supplement or
implement these Rules for facilitating better administration of mediation
proceedings.
19.1. These Rules may be amended, varied, modified or updated by Presolv360 at any
time.