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Bharat Disputes Resolution (“BDR”) is an online dispute resolution service provider. BDR specializes in providing services relating to disputes using simplified procedures (the BDR Rules), a technology platform (www.bharatdisputes.com) and arbitrators/mediators trained and certified (“BDR Certified”) in using the simplified procedures as well as the technology platform. BDR assists in resolving disputes in a reliable, simplified, timely and low-cost manner. The BDR Rules (w.r.t arbitration) for resolving disputes are within the framework of the Arbitration and Conciliation Act, 1996 as amended from time to time.

Alternate Dispute Resolution (ADR) gives the disputing parties an opportunity to resolve disputed issues with a neutral third party. It is less expensive and much faster than going to court. The different modes of ADR practised in India are arbitration, mediation, conciliation, negotiation, and Lok Adalat. 

Online Dispute Resolution (ODR) takes advantage of the development and availability of internet technology. It allows for the resolution of disputes via online mechanisms that allow for virtual communications without requiring the parties to be in a room together. This makes the proceedings flexible and geographically independent of the location of the parties and hence increases the efficiency of the process. ODR also allows the parties to have transparent and always accessible record keeping. BDR employs a robust, internet-enabled, device-agnostic platform, that is accessible from anywhere, anytime.

Litigation is a process where disputing parties go to court to resolve their disputes. The proceedings are conducted according to set procedural laws and are dependent on hearing dates as per the court workload. Almost all the time parties engage lawyers in order to under the laws and manage the hearing dates. Sometimes disputes may take several hearings across months/years to get resolved. Judges may also change due to various reasons The process of litigation comes to closure when a judge has passed a final order.  Arbitration is a process in which a neutral third party appointed as per an agreement of the disputing parties resolves disputes outside the formal court system and in a manner agreed by the parties. An “award” given by the arbitrator is binding and recognizable by court. As the proceedings are custom made and in accordance with the agreement of the parties, the proceedings are fast, flexible, and cost effective. Parties need not engage lawyers during the arbitration process.

Conceptually, ADR is a group of processes where parties resolve their disputes through a semi-formal process without the requirement of applying formal legal rules. ADR is meant to reduce delays, remove application of formalistic processes and encourage resolution of a dispute based on facts, fairness and legal rules. In keeping with the true spirit of ADR, BDR encourages parties to participate without the intervention/assistance of legal experts. BDR Certified professionals have the requisite skills to decide a dispute based on facts and fairness. In addition, they have access to a pool of legal experts who can assist with questions of legal interpretations and laws. If a party chooses to use a lawyer or a legal expert, they can do so.

The BDR Rules require parties to self-certify that they are being truthful and that there is no concealment.  While no affidavit is required each party is required to self-signed declaration that: All and any statements or affirmations or denials or documents or data (in physical or digital form) that have been filed are true, correct and authentic. The party has not, directly or indirectly concealed or falsified or hidden any information or fact or document. The party understands that they shall be liable to the same disadvantages, penalties and punishments as are applicable to persons who conceal, falsify or hide documents or facts before a Court of law. The party understands that the arbitrator and/or the other party may approach a Court to initiate such proceedings.

For already logged claims, the BDR Case Manager is the first point of contact for any queries. The contact details of the relevant Case Manager can be found in the email notifications from BDR or on the platform against the specific case. For all other matters please write to resolve@bharatdisputes.in.

The fees, costs and expenses relating to different proceedings include the following:  BDR Registration fee, Case Administration fee, BDR Professional’s fee  All fees are fixed by BDR and shall be paid in advance. For the latest fees and charges please write to care@bharatdisputes.com

In case a Claimant does not want to continue with a dispute, after registration but before the procedure begins, the BDR Case Manager shall return the dispute and any fees or deposits after deducting registration charges and case fees. In case a Claimant intends to withdraw a dispute, after the dispute has been taken up, the withdrawal will be processed by the BDR professional. The Claimant shall be entitled to a refund of only half of the professional’s fees and no other refund shall be made.

If a dispute has been lodged against you, please do not ignore it. If a BDR Case Manager has been named in the message, immediately get in touch with them to understand the next steps. As a general principle, a Respondent can (i) either dispute or accept or partly accept the claim along with evidence in support, or (ii) file a counter-claim along with evidence, or (iii) amicably settle the matter by negotiation with the Claimant and getting it recorded it an arbitral award/settlement agreement. You can communicate with the BDR Professional or the Case Manager or the Claimant by replying to an any email or WhatsApp or sms (as applicable) that you have received.

A party may challenge the appointment of a BDR Neutral only for reasons which he/she becomes aware of after the appointment has been made. A challenge must be sent via the technology platform and/or via email to the BDR Case Manager within 48 hours from receipt of the notice of appointment or from the date that the party making the challenge received information of the facts on which the challenge is based. The BDR Case Manager will make a decision on the appointment within 2 days of the challenge having been received. If the BDR Case Manager finds the objections correct a new neutral shall be appointed. A neutral may also be replaced by the BDR Case Manager upon death, or resignation or for any other reason whatsoever. Decisions of the BDR Case Manager as to the appointment, confirmation, challenge or replacement of an arbitrator are final.

A claim must be supported by truthful evidence. BDR requires all parties to submit a declaration that: All and any statements or affirmations or denials or documents or data (in physical or digital form) that have been filed are true, correct and authentic. The party has not, directly or indirectly concealed or falsified or hidden any information or fact or document. The party understands that they shall be liable to the same disadvantages, penalties and punishments as are applicable to persons who conceal, falsify or hide documents or facts before a Court of law. The party understands that the arbitrator and/or the other party may approach a Court to initiate such proceedings.