This Agreement is entered into this ____ day of _________, 2020, Between
[Advocate Name & Address], hereinafter referred to as the ‘Advocate’
[Customer Name & Address] hereinafter referred to as the ‘Client’
1. The Client is a customer of the Dispute Resolution Services Integration Platform designed and created by the Platform Operator (Hanin Business & Consulting Private Limited), which consists of, a complaint evaluation service, wherein a customer requests dispute resolution services and the platform evaluates the request for feasibility, a panel of lawyers, who advise and represent the customers following a fee schedule, communication methods and customer engagement contracts defined by the Platform, a panel of arbitrators, who follow a fee schedule, communication methods and customer engagement contracts defined by the Platform, Fee collection, payment and payment escrow methods, Digital platforms and associated services for conducting arbitration sessions.
2. The Advocate is empaneled on the Platform.
3. The Client has approached the Advocate through the Platform and has requested the Advocate to represent him in the arbitration proceedings sought to be mitigated by the client.
4. The Advocate has agreed to provide such representation on the terms and conditions mentioned herein.
NOW THIS AGREEMENT WITNESSETH
1. Advocate’s Responsibilities
a. The Advocate will act, appear and plead on behalf of the client in the arbitration proceedings sought to be initiated by the client, and shall do all things necessary to perform the said responsibilities. The Client understands that Arbitration proceedings can only be initiated upon receipt of consent of the Defendant against whom the client seeks to initiate proceedings.
b. It is made clear that the Advocate cannot guarantee the results of any proceedings and acknowledges that no representations have been made by the Advocate about the outcome of the case.
2. Advocate’s Fees & Expenses
a. The legal fees payable to the Advocate for representation shall be as follows:
Drafting and posting notice to the Defendant: Rs. 2,000/-
Representing the client in Arbitration Proceedings: Rs. 16,000/-
b. The Parties agree that all fees shall be paid via the Platform Operator or held in escrow with the Platform Operator.
c. The Client shall also be liable to pay any additional out of pocket expenses incurred by the Advocate in the performance of his responsibilities under this Agreement, upon being provided with an invoice for the same by the Advocate. These shall be limited to stationery, printing, stamp paper, taxes and government fees. These fees shall be paid directly to the Advocate.
3. Appointment of Arbitrator & Conduct of Arbitration Sessions
a. Subject to obtaining the consent of the Defendant for the same, the Advocate and Client agree to appoint an Arbitrator from the Platform’s panel of Arbitrators to act as Arbitrator in the proceedings sought to be initiated by the Client.
b. To ensure auditing and limitation of liability of the Platform, it is essential that all arbitrations are conducted using the Platform’s digital infrastructure. The Client and Advocate hereby agree that all Arbitration sessions shall be conducted only using the Platform’s digital meeting rooms and associated services.
a. The Client may, at his sole discretion terminate the present Agreement.
b.The Advocate may terminate this Agreement, with prior notice to the Client, in the event the Client fails to co-operate in the preparation of the case, fails to make a full and complete disclosure of the facts and circumstances relating to the case, or otherwise takes any action which impedes the ability of the Advocate to provide adequate and ethical representation.
c. It is made clear that, in the event this Agreement is terminated in the manner specified above, the fees paid and held in escrow under clause 2, will not be refunded.
IN WITNESS WHEREOF the parties hereto have put their hands the day and year first hereinabove written.
Signed by the within named Advocate
Signed by the with in named Client