To safeguard the interests, ensure a hassle-free future, and avoid court-related complexities, parties may include the following dispute resolution clause in their agreement.
This clause should be placed under the "Dispute Resolution" section of the agreement or a similar heading by ensuring that there are no conflicting clauses regarding dispute resolution, arbitration.
If the agreement has already been executed, the parties can still incorporate this dispute resolution process by executing an addendum to the agreement. The parties may contact ODR Nexus at care@odrnexus.com for such an addendum template.
“In the event of any dispute arising out of or in connection with the present contract, including any question regarding its existence, validity or termination, the parties shall refer the same for arbitration to be finally resolved under the administration and technical support from ODR Nexus in accordance with its Arbitration Rules for the time being in force.
The seat of Arbitration shall be ___________________. The Tribunal shall consist of a sole arbitrator appointed from the panel of arbitrators of ODR Nexus in accordance with the said Rules.
The language of the arbitration proceedings shall be English. The decision of the sole Arbitrator shall be final and binding on the parties.
The Parties consent to communication via electronic means using the following email addresses:
Arbitration is widely recognized as a cost-effective and efficient dispute resolution mechanism. However, not all disputes can be settled through arbitration. In India, several categories of disputes are deemed non-arbitrable due to their inherent public interest, special legal procedures, or statutory framework.
The Arbitration and Conciliation Act, 1996, based on the UNCITRAL Model Law on International Commercial Arbitration (1985), promotes minimal judicial intervention.
Indian courts have consistently upheld that certain disputes must remain within the exclusive jurisdiction of courts and tribunals. Recent Supreme Court rulings have reinforced these principles.
While arbitration remains a vital tool for dispute resolution, its scope is not absolute. Businesses and individuals must carefully assess the arbitrability of their disputes before drafting arbitration clauses.
