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Model Clauses

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Including an ADR clause in contracts and agreements allows parties to settle disputes relating to the agreement before considering initiating legal proceedings.

Litigation is:

  • Expensive,
  • Time-consuming
  • Detrimental to relationships

Effective Dispute Resolution will save both time and money and can even help to maintain working relationships.

The benefits of using an ADR clause are as follows:

  • ADR facilitates settlement and negotiation prior to litigation.
  • ADR diffuses the hostility in disputes.
  • Non-adversarial processes such as mediation can preserve working relationships.
  • Confidentiality is of utmost importance in ADR and is necessary to ensure that the certain aspects of the disputes are not disclosed to the public or third parties and that reputations are not tarnished.
  • ADR is flexible and can occur at the convenience of the parties.
  • BIMACC utilises neutrals with Domain Expertise to streamline the process and make it efficient.
  • ADR at BIMACC is Affordable Dispute Resolution.

“People who fight fire with fire usually end up with ashes.”
— Abigail Van Buren

MODEL CLAUSES

ARBITRATION

“In the event of breach of the terms of this Agreement or in the event of any differences or disputes arising between the parties in regard to this Agreement or any matter relating thereto, the same shall be referred for Institutional Arbitration (either through a sole Arbitrator or a panel of arbitrators, as mutually agreed by the parties) by Bangalore International Mediation Arbitration and Conciliation Centre, under the BIMACC Rules of Arbitration. The award of the Arbitrator shall be final and binding on the parties hereto and Arbitration shall be as per the provisions in force of the Arbitration & Conciliation Act, 1996. The Arbitration shall be conducted in English Language and the seat of Arbitration shall be in Bangalore.”

MEDIATION

“In the event of breach of the terms of this Agreement or in the event of any differences or disputes arising between the parties in regard to this Agreement or any matter relating thereto, the same shall be referred for Private Mediation under the Bangalore International Mediation, Arbitration & Conciliation Centre, (BIMACC) Rules by appointing a BIMACC Approved Mediator and effort shall be made to ensure the disputes are resolved within 60 days from the date of first hearing by the Mediator, unless mutually agreed to be extended by all the parties, for such extended term. “

MED – ARB

“In the event of breach of the terms of this Agreement or in the event of any differences or disputes arising between the parties in regard to this Agreement or any matter relating thereto, the same shall be first referred for Private Mediation under the Bangalore International Mediation, Arbitration & Conciliation Centre, (BIMACC) Rules by appointing a BIMACC Approved Mediator and effort shall be made to ensure the disputes are resolved within 60 days from the date of first hearing by the Mediator, unless mutually agreed to be extended by all the parties, for such extended term. If no settlement is arrived at within 60 days, or within such extended time, the parties shall refer the dispute for Institutional Arbitration of BIMACC for appointment of a sole Arbitrator by BIMACC, under the BIMACC Rules of Arbitration. The award of the Arbitrator shall be final and binding on the parties hereto and Arbitration shall be as per the provisions in force of the Arbitration & Conciliation Act, 1996. The Arbitration shall be conducted in English Language and the seat of Arbitration shall be in Bangalore.”