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Model Clauses

A well-written Dispute Resolution clause acts as a foundation of an enforceable procedure which parties can subject themselves to. Use our Model clauses below to ensure that your Dispute Resolution clause meets all the necessary requirements and will not be rendered void by any court of law. 

1. BDR Model Negotiation Clause

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  • The parties shall endeavour to resolve any dispute arising out of or in connection with anything contained in the Agreement or otherwise by negotiation through Bharat Disputes Resolution “BDR”, [www.bharatdisputes.com] (“Institution”) within 30 (thirty days) of its occurrence or such extended time as may be mutually agreed by the parties.  

  • The Institution shall, among other things, appoint a neutral Mediator/Conciliator and provide a platform for the settlement of the dispute between the parties as per the negotiation Rules of the Institution. The settlement agreement resulting from the negotiation shall be binding on the parties.  

  • Should this clause create a contradiction with a statutory requirement or a judicial mandate to resolve certain types of disputes through specific courts, the statutory requirement shall prevail.  

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2. BDR Model Mediation/Conciliation Clause 

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  • In the event of any dispute arising out of or in connection with anything contained in the Agreement or otherwise, such dispute shall be referred to by Parties, for Mediation through Bharat Disputes Resolution “BDR”, [www.bharatdisputes.com] (“Institution”) within 30 (thirty days) of its occurrence or such extended time as may be mutually agreed by the parties.  

  • The Institution shall, among other things, appoint a neutral Mediator/Conciliator and provide a platform for the settlement of dispute between the parties as per the mediation Rules of the Institution. The settlement agreement resulting from the mediation/conciliation shall be provided in the form of a Conciliation Award as per section 74 of the Arbitration and Conciliation Act, 1996.  

  • Should this clause create a contradiction with a statutory requirement or a judicial mandate to resolve certain types of disputes through specific courts, the statutory requirement shall prevail.  

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3. BDR Model Arbitration Clause

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  • In the event of any dispute arising out of or in connection with anything contained in the Agreement [or otherwise], the parties shall refer the dispute for arbitration through Bharat Disputes Resolution “BDR”, [www.bharatdisputes.com] (“Institution”) within 30 (thirty days) of its occurrence or such extended time as may be mutually agreed by the parties.  

  • The arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof. The seat of arbitration shall be Delhi, India and the language of the proceeding shall be English. The award of the Arbitrator shall be final and binding on the Parties. The arbitration may be conducted online.  

  • The Institution shall, among other things, appoint a neutral sole Arbitrator or a panel of three arbitrators, as decided by the parties, and provide a platform for the resolution of the dispute between the parties as per the arbitration Rules of the Institution.  

  • Should this clause create a contradiction with a statutory requirement or a judicial mandate to resolve certain types of disputes through specific courts, the statutory requirement shall prevail. 

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