Arbitrator Terms Of Empanelment

‘Platform’ means the Dispute Resolution Services Integration Platform designed and created by the Platform Operator (Hanin Business & Consulting Private Limited)
A Customer is any person who approaches the Platform for Dispute Resolution assistance
The Platform 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.

You shall be empanelled on the Platform on the following terms or amended terms that we communicate to you in future:

1. Fees:
You will charge a fee of Rs. 18,000/- per Arbitration. The Platform Operator shall collect all fees from customers in advance, and shall ensure that the same are held in an escrow account until the conclusion of the case, at which point the same shall be released to you.

2. Templates:
Wherever required, you will use the document templates provided to you by the Platform Operator.

3. Maintenance of Standards
a. You will ensure that, in all cases where you are appointed as Arbitrator by a Platform customer, you will conduct the proceedings in accordance with provisions of the Arbitration & Conciliation Act, 1996, as amended form time to time, and any other applicable laws.
b. You will further ensure that you will devote sufficient time and attention to cases, and ensure that the arbitration proceedings are conducted in accordance with generally accepted professional standards.
c. Upon intimation of your appointment as an Arbitrator, you will declare in writing, in the manner prescribed under the Sixth Schedule of the Arbitration and Conciliation Act, that there is no conflict of interest which prevents you from acting as Arbitrator in that case. Templates of the acceptance letter and declaration are available on the website.
d. In the event you are sought to be appointed as Arbitrator in a case where you have a conflict of interest, you will forthwith intimate the Parties of the same, and will recuse yourself, in which case no fees are payable to you.

4. Conducting Arbitration Sessions
a. You may pass an award based solely on pleadings and documentary evidence, if you are of the opinion that they are sufficient for you to do so.
b. To ensure auditing, accountability and limitation of liability of the Platform, it is essential that all arbitration sessions, will be conducted only using the Platform’s digital meeting services. You will not use any other means, such as conference calls, video conferencing applications, etc., to conduct Arbitration meetings.
c. You will ensure that the fact that all sessions will be conducted only using the Platform’s digital meeting services is recorded in the minutes of the first meeting of all cases where you are appointed Arbitrator through the Platform.

5. Passing of Award
You will endeavour to ensure that, in all cases where you are appointed as Arbitrator through the Platform, the entire proceedings from preliminary meeting to passing of the award, are concluded within two months from the date of your appointment as Arbitrator. Please note that if the proceedings are delayed on account of your negligence, we will refund the entire arbitration fee paid by the customer, and you will not receive a fee for that arbitration.

6. Breach of Terms
In the event of you breaching any terms of this Agreement, the Platform Operator reserves the right to terminate your empanelment with immediate effect.

7. Dispute Resolution & Jurisdiction
a. All disputes between the Parties arising out of this Agreement shall be resolved by Arbitration by a sole Arbitrator, appointed by mutual consent of the Parties, or, if the Parties fail to agree on an Arbitrator, as per the Arbitration and Conciliation Act, 2015, as modified.
b. The venue of the Arbitration shall be Mumbai and the governing law of the Arbitration shall be Indian Law.
c. This Agreement is governed by the Laws of India and subject to the exclusive jurisdiction of the Courts in Mumbai.

8. Force Majeure
a. Neither Party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, death or illness of a Claimant or Defendant, the lawyer of one of the Parties, or the Arbitrator, or any other event that may be deemed as a Force Majeure event, from time to time.
b. In the event an Arbitration cannot be completed due to the occurrence of a Force Majeure event, the same will be communicated to the Platform at the earliest, and suitable extension of the time will be agreed upon by the Parties.

9. Amendments
The Platform Operator reserves the right to amend these terms without notice, at any time, and at it’s sole discretion. You are advised to regularly go through the terms on the website.