FAQs

FAQs

Jupitice is a Technology Company that focuses on e-Commerce for Digital Justice Services under an Online Marketplace Model (Digital Justice Services Marketplace). To achieve this goal, Jupitice has designed & developed World Ultra-Advanced & Innovative Private Digital Court for Private Justice System where individuals & organizations can file and resolve the disputes under ADR Mechanism i.e. Arbitration, Conciliation, Mediation, Negotiation, Online on a Single Platform without any physical interaction.

Jupitice acts as a Digital Intermediary by connecting the Disputants with the ADR Service Providers and by providing them with either Dispute Resolution Platform or Private Digital Court to perform End-to-End Dispute Resolution Process from filing to decision.
“Private Digital Court" is a Technology Platform, as a Global Address, which is a Digital Mirror of Traditional Court just like going to the Court but digitally MINUS its pain points, supported by Advanced Digital Infrastructure, First Class Services with complete Digital Justice Eco-System. A professional Court Management Team assists the whole Dispute Resolution Process.
Digital Justice Eco-System
  • Appoint your own Neutral from Jupitice Marketplace
  • Dispute Resolution Platform – Perform End-to-End Dispute Resolution from Filling, to Evidence Submissions, to Witness Examinations, to Arguments and finally building Awards & Settlement, all on One Platform
  • Choose your own ADR Procedural Rules
  • Professional Court Management Team
  • Online Payment Support

It is a Platform that offers all the abilities, enables and facilitates all the participants to Perform End-to-End Dispute Resolution Process on a Single Platform without the need for physical appearance at hearings or meetings, Physical Court room & other Physical infrastructure.

This Platform is compatible to Arbitration, Conciliation, Mediation Methods as well as UNCITRAL Arbitration Rules & other leading Procedural Rules.

The process is assisted by a Jupitice Professional Moderator.

We offer various Innovative and Re-Imagined Online ADR Services i.e. Arbitration Services, Conciliation Services, Mediation Services, Negotiation Services, and Early Neutral Evaluation Services etc by leveraging our Private “Boutique Global Neutral Panels”, professionally set up Private Digital Court and Jupitice Procedural rules, UNCITRAL Arbitration Rules and Leading Non Jupitice Procedural Rules, assisted by a professional Case & Court Management Team.

Under this, you will not have to spend any time and efforts on setting-up the Digital Court and its eco-system. We offer a professionally set-up “Digital Court” in robust manner by using our Expertise & Case Workflows built by our Experts to offer a game changing experience for the purpose of resolving your disputes.

The Marketplace is an Online Platform that connects Disputants & ADR Service Providers for the Dispute Resolution Services Online such as Arbitration, Conciliation & Mediation, Negotiation, ODR, Early Neutral Evaluation, Attorneys etc. at affordable prices.
There is no any specific approval or permission required from any Government agencies.
  • Find & Hire Neutral Services
  • Dispute Resolution Platform Services
  • Private Digital Court Services
  • Grievance Redress Platform Services
  • ADR Services
  • Value-Added Services
  • ODR Services
No, it is not mandatory to subscribe either of them. All the services offered by Jupitice Marketplace are individual and independent services.
To use any Site Services, you need to register with us.
Yes, Jupitice online services are totally legal. In India, if the Arbitration Agreement, Conciliation Agreement etc is compliant with Section 4 & 5 and other applicable provisions contained in Section 10-A & Section 11 - 15 of the Information Technology Act 2008 are read with Section 65-A & 65-B of Indian Evidence Act 1872 and Provisions of the Arbitration & Conciliation Act 1996 read with various Supreme Court Judgments, the Online Arbitration Awards, Conciliation Settlements etc., the Online Arbitration, Online Conciliation etc is legally recognizable & valid and have the same effect of Traditional Arbitral Awards, Conciliation Settlements etc. These Online Awards & Settlements are binding & final.
Private Justice System is privatization of civil justice to resolve disputes through ADR Mechanism i.e. Arbitration, Conciliation, Mediation and Negotiation.
This Private justice System is remarkably different from Traditional Court System as at Jupitice you have your own chosen/appointed judge, own venue i.e. the Jupitice digital courtroom, self-chosen rules, self-decided date and time, self-chosen language, with no physical appearance and no paper-work.
The major difference between our Private Digital Court and Traditional Court is the absence of physical presence and Jupitice’s global reach (Jurisdiction).
Jupitice Online Arbitration, Online Conciliation and Online Mediation is legally recognizable & valid. It has the same effect of Traditional Arbitral Awards, Conciliation Settlements etc. These Online Awards & Settlements are binding & final and can be enforced in the court of law.
In India, if the Arbitration Agreement, Conciliation Agreement etc is compliant with Section 4 & 5 and other applicable provisions contained in Section 10-A & Section 11 - 15 of the Information Technology Act 2008 are read with Section 65-A & 65-B of Indian Evidence Act 1872 and Provisions of the Arbitration & Conciliation Act 1996 read with various Supreme Court Judgments, the Online Arbitration Awards, Conciliation Settlements etc., the Online Arbitration, Online Conciliation etc is legally recognizable & valid and have the same effect of Traditional Arbitral Awards, Conciliation Settlements etc. These Online Awards & Settlements are binding & final.
Buyers deposit the agreed fee into the Escrow Account owned & operated by Jupitice. The fee is released upon delivery of the services by the ADR Service Providers and after seeking the approval from Buyers. Please click here to know more about it.
Buyers deposit the agreed fee into the Escrow Account owned & operated by Jupitice. The fee will be paid/ released to the Seller by Jupitice instead of Buyers. Please click here to know more about it.
  • Guarantee for Sellers: Sellers will get paid even if Buyers do not pay subject to maximum of USD 2500.
  • Guarantee for Buyers: No fee will be released until it is formally approved by Buyers. No Service – No Fee.
To register as Disputants, No Fee is charged. It is Free. However, to register as ADR Practitioners/ ADR Service Providers, a fee of Rs.200 is charged. This is one-time Fee.
ADR means Alternative Dispute Resolution Mechanism, which is alternate to litigation that includes Arbitration, Conciliation, Mediation, and Negotiation methods to resolve disputes.
ADR Practitioner(s) means ADR Service Providers that includes individuals or organizations. It includes Arbitrators, Conciliators, Mediators, Negotiators, ADR Centre, Attorneys, Experts etc.
JUPITICE One Platform implies that we have built all the Software & Tools from the Scratch and integrated them into Single Platform for minimal asymmetry of information, customization & scalability to drive higher level of time & cost efficiency. One can build customized Blueprint of Workflow & Process & Perform all Stages, Events & Tasks required for the Lifecycle of Dispute Resolution only on One Platform.
Jupitice Justice Technology Platform provides the Single Data Model, built on a Centralized Database to conduct all the aspects of the Dispute Resolution Process within the Platform allows the Storage of Data at One Place to ensure effective Data Management & Security.

The goal of this Platform is to offer the abilities to all the Participants & Stakeholders to perform the entire aspects of Dispute Resolution Process i.e. all Stages, Events, Tasks & Steps all on Single Platform without the need for carrying out any task Off-Platform.

Jupitice Justice Technology Platform does not require any physical interaction as the platform believes in Zero Contact.
Yes, Training is the process of enhancing the skills, capabilities and knowledge. Training will help the Users to understand the Platform more. By training you are acknowledged with the new skills and technology provided by our Platform.
Yes, Jupitice provides Case Management Services through its professional Case Management Team for a fee. However, in case of Jupitice ADR Services, Case Management Fee is not chargeable separately.
Yes, we provide on-demand Technical Support Services.
Jupitice has created & harnessed a Global Panel of Arbitrators, Conciliators, Mediators, Attorneys, Law Firms, ADR Centre etc. with diverse expertise & multilingual capabilities. Disputants can use AI powered Search Engine to find the right match by using various filters. Alternatively, Disputants can post their requirements and the same will flash out to those who matches the requirements.
We do not charge any fee to the Disputants, if they find & appoint the neutral services.
This is a Special Service provided by Jupitice Professional Hiring Team where Disputants does not want to waste time & efforts to find the right match by themselves. Sometimes, Disputants do not have the requisite expertise or knowledge about finding & appointing the right match. Choosing the wrong neutral can adversely affect the outcome of the dispute, which in turn, can have a long-term impact on business relationships and the bottom line. Jupitice helps parties in selecting a Neutral i.e. a neutral who is ideally suited to the case and one that is acceptable to all sides.
Jupitice do profiling, identification, evaluation, ranking & selection of the Arbitrator by following robust selection process. Jupitice charges a lump sum fixed fee per Neutral.
Jupitice ADR finding and appointing services helps the disputants to skip the hassle of finding ADR Practitioner out in real world and get the same done on our platform in one click. Please click here to know more about benefits.
A fixed Fee is charged on the basis of Claim Value for the entire duration of the method you have chosen. You can estimate your fee by using the fee calculator.
Yes, fee for subscribing Private Digital Court is higher. The fee is higher due to the reason that the Dispute Resolution Platform is one of the services that is included in Private Digital Court Services but it also provide array of other Services. Please click here for comparison.
Yes, Jupitice Professional Moderator will remain present during the proceedings and will provide technical support & act as a Single Point of Contact/ Communication Channel for receiving & sharing information and documents.

Private Digital Court is a Platform - Digital Mirror of Traditional Court transformed digitally with Ultra-Advanced Digital Infrastructure & First Class Services and powered by complete digital justice Eco-system that will enable the users to resolve the disputes from the comforts of their home or place anytime & from anywhere.

In Private Digital Court, you can file your case, pay filing & professional fee, submit documents and tender evidences, examine & cross-examine witnesses and experts, present arguments, build awards & settlements and carryout all other incidental and necessary tasks ONLINE on a Single Platform supported by Ultra-Advanced 50+ Software & Tools to reduce the dispute resolution time & cost.

To subscribe the Jupitice private digital Court, Neutral has to be appointed from the Marketplace or Jupitice’ “Global Boutique Panel”.
The award or settlement agreement has become valid and final in the country in which it has been made, in the sense that it will not be considered as such if it is open to opposition, appeal or pourvoi en cessation (in the countries where such forms of procedure exist) or if it is proved that any proceedings for the purpose of contesting the validity of the award are pending.
A fixed Fee is charged on the basis of Claim Value for the entire duration of the method you have chosen. You can estimate your fee by using the fee calculator.

Yes, Private Digital Court provide various services that improves the quality of outcomes.

No, to subscribe Private Digital Court Services you need to appoint Neutral from the Jupitice Marketplace.

A fixed Fee is charged on the basis of Claim Value for the entire duration of the method you have chosen. You can estimate your fee by using the fee calculator.
Jupitice will either replace the Arbitrator or refund the subscription fee.
Though, Jupitice does not insist to follow Jupitice Online ADR Rules but it is advisable to follow the same for quality & efficient out comes.
Yes, this is Administered Arbitration Services by Jupitice
Jupitice is a Technology Company and provide Technology Platform for Dispute Resolution Services. However, Jupitice is an Arbitral Institution when it provides its ADR Services.

These Value-Added Services make the dispute resolution process more efficient, easy & effective resulting into additional reduction of dispute resolution time & cost.

Jupitice provides various types of On Demand Value Added Services as per the need of the participants. Below is the list of such Services.

  • Appointing Services
  • Jupitice Neutral Hiring Services
  • Case Manager Services
  • Tribunal Secretary Services
  • Secretarial & Clerical Services
  • Searching & Extracting information from Case Documents into User specified format
  • Certification of Documents, Awards, Settlements & Records
  • Transcription of recorded proceedings
  • Translation Services
  • Interpreter
  • Document labelling & organizing
  • Registration of Awards
  • Notarization
  • Digital Storage
Value-Added Services are chargeable either on the basis of fixed price or per hour, depending on case to case basis.
Is it Mandatory to Use these Services while using the Service Delivery Platform?
No, it’s not mandatory to use any of these services. These are just for the assistance of the clients, if they want to subscribe to any.
Yes, you can make the payment online
Below are the Online Payment options:
  • Bank Transfer
  • Credit Cards
  • Digital Wallet
ADR practitioners are arbitrators, Conciliators, mediators, and negotiators. ADR Register certifies ADR practitioners and ADR legal entities (companies, organizations, professional bodies, associations, co-operating groups etc.).

It is a Free Online ADR Global Panel where eligible ADR Practitioners and Neutrals register themselves and let themselves out in global market for providing respective services.

Jupitice has aggregated world premiere Independent ADR Service providers from around the world and near you, having diverse experience, specialties in key area and multilingual capabilities. You can find and appoint your right match through jupitice’s AI Powered Search Engine or by posting your requirements, which will be flashed out to the right matches for inviting proposals from them for free. The ADR Service Providers are Independent Contractors.

Jupitice has created and harnessed its Private “Jupitice Boutique ADR Panel” is comprised of Independent Retired Judges, highly experienced & specialist ADR Professionals for High Value & complexed disputes.
ADR practitioners are not employee of the Jupitice but are Independent Contractors.
Yes, they are absolutely independent and provide their services independently to their respective clients.
Yes, they charge their own fee and you may negotiate directly & pay their fee through Jupitice online payment methods.
It will depend on your Agreement with the Disputants.
No, you can appoint & bring your own Neutral from other sources. However, to subscribe Private Digital Court, you have to appoint the Neutral from Jupitice Global ADR Panel.
Yes, you may choose a neutral from your own source in certain Services.
Yes, Jupitice has described various online methods on its website for payment purpose.
You can be a part of the Panel by simply registering yourself with us by creating an account and sharing your credentials and consequently getting approval of your account after vetting or verification of the credentials.
No, you don’t need to pay any fees to be a part of the panel. Jupitice Empanelment services are for free.
The Empanelment process is a 5 step process starting from Registration, then coming to approval, then deployment of technical team, then creation of Web-page on legal office and lastly rolling online and getting connections there.
Registration is meant to create your account and sharing your credentials.
Jupitice Marketplace launches you online out in the global Market for free, where you can manage and run your ADR practice online, get invitations from potential Jupitice’s clients/visitors who could need your services too. Also on Jupitice you can get access to various technology tools that you might need while delivering your services.
This is an exclusive free online service provided by Jupitice to ADR practitioner who register themselves with us. Jupitice create Global ADR Office for registered ADR Practitioners by creating Webpages for them which puts them on Jupitice’s global marketplace as a panel of ADR practitioners and neutrals open to providing ADR assisted online services to the potential clients who visit them on the marketplace.
Jupitice does not charge any fee for creating this Online Global Office for ADR Practitioners. However, Jupitice charge a fee in the form of commission ranges from 16-18% of the Invoice value of the services that are rendered & received by ADR Practitioners by using its Global ADR Office.
Invoicing & Payments, Collaboration in Real Time Tools, Communication Tools, etc. are a few free tools available on Jupitice.
Yes, we can create your customized Global ADR Office for a fee
Getting invitations from potential clients means an invite to deliver ADR services to the clients who connect and request the delivery of services to ADR Practitioners and Neutrals in pursuance to the resolution of the dispute.
Yes, you can use your Global ADR Office for your clients outside from the Jupitice Marketplace.
Jupitice does not charge any fee. However, Jupitice charge a fee in the form of commission @ 5% of the invoice value of the services that are rendered & received by you by using its Global ADR Office
Yes, it is totally legal subject to compliance of certain conditions prescribed by BAR Council of India

Jupitice has created and harnessed its Private “Jupitice Boutique ADR Panel” which is comprised of Independent Retired Judges, highly experienced & specialist ADR Professionals, professionals conferred with national or international prestigious awards or recognition for High Value & complexed disputes.

You can apply for becoming part of the Panel subject to your qualifications or criteria’s prescribed by Jupitice in this regard, for free.

ADR practitioners are not employee of the Jupitice but are Independent Contractors.
Yes, they are absolutely independent and provide their services independently to their respective clients.
Yes, they charge their own fee and you may negotiate directly & pay their fee through Jupitice online payment methods. However, for Jupitice ADR Services, you do not pay any fee to the Neutrals.

Section 10-A & Section 11 - 15 of the Information Act 2008 read with Section 65-A & 65-B of Indian Evidence Act 1872 and Provisions of the Arbitration & Conciliation Act 1996 read with various Supreme Court Judgments make the Online Arbitration Awards, Conciliation Settlements, the Online Arbitration, Online Conciliation etc. legally valid.

The Award or Settlement issued by Jupitice Platform is final and legally binding. The same is enforceable in the court of law.

All 166 Countries who are a party to the Convention of New York (Convention on the Recognition and enforcement of Foreign Arbitral Awards) are accountable to be bound by the Award or Settlement issued by Jupitice.

Jurisdiction is ideally decided in the Agreement between the parties, in absence of an Agreement, the Arbitral Tribunal may meet at any place it considers appropriate for consultation among its members, for hearing witnesses, experts or the parties, or for inspection of documents, goods or other property [as per Section 20 Arbitration and Conciliation act, 1996]

Through the Agreement between the Disputants

As per Section 65A & 65B of Indian Evidence Act – Admissibility of Electronic Records as evidence and Section 4 – Legal recognition of electronic records of Information Technology Act, 2000 based on UNCITRAL Model Law of e-Commerce 1996, online recordings of Evidence and Arguments are legally valid.

Escrow is a financial arrangement in which two parties enlist a third party (who is neither the buyer nor the seller) to temporarily hold money, paperwork, or other assets for a transaction on their behalf before the transaction has been finalized.

That third party, known as an escrow provider, helps make the transaction safer by protecting the assets of the buyer and seller until both parties have met their obligations for the agreement.

Ideally, the escrow provider is a neutral third party who isn't concerned with whether the buyer or seller comes out ahead.

If Buyer & Seller agrees to use Escrow Services provided by Jupitice on its own, that services will be free. However, the payment methods of Credit card and PayPal and other similar methods will incur a Payment Processing Fee and are subject to additional restrictions and the same shall be deducted from the payment as per the Service Contract between Buyer & Seller. Jupitice will keep the funds in the separate dedicated bank account for Escrow Services to receive and disburse the deposits in accordance with the Terms of Service Agreement. Jupitice, except for the purpose for which such funds are received and deposited in the dedicated bank account for Escrow Services, shall not use such funds in the Escrow Account for any other purpose. However, both Buyer & Seller shall not be entitled to any bank interest and other benefits, if any, associated with the funds and by Jupitice. Such services shall be governed by the Jupitice’s Terms & Conditions as contained in the Terms of Service.
Under this, Jupitice may provide Escrow Services from the Third Party who shall be licensed & top rated to its Buyers & Sellers. Buyer & Seller will have to agree to use the Escrow Services of the Third Party engaged by Jupitice before the transaction. The Buyer & Seller shall further agree to pay Escrow Services fee and comply with the terms & conditions as prescribed by the Third Party. Such services shall be further governed by the Jupitice’s Terms & Conditions as contained in the Terms of Service.

No, Jupitice do not offer any interests on the funds deposited in the Escrow Account. Jupitice is not bank. Jupitice deposits and maintains all Escrow Account funds in a separate bank account which is separate from the operating accounts of Jupitice. Jupitice holds only legal title to, and not any equitable interest in, the escrow bank accounts and any funds deposited therein.

Although we offer telephone and email support, the safest way to check the status of your transaction is to sign onto our secure site.
After signing in, you can access your transaction summary page where you can view the progress of all your active Escrow.com transactions.
Jupitice will ensure a legal contract to take place between a buyer and seller before a buyer jumps into active business transaction with the seller. The contract safeguards the interests of buyers by defining the role of each party and prescribe terms as agreed by both the parties which they will have to abide.

Yes, you may use the Dispute Resolution Platform without using the Services of Finding & Appointing Neutral Services

Yes, you may bring your own Neutral from other sources and still can use Dispute Resolution Platform but not private digital court.
Jupitice’s “Private Digital Court” is a Platform - Digital Mirror of Traditional Court transformed digitally with Ultra-Advanced Digital Infrastructure & First Class Services and powered by complete digital justice Eco-system, “as a Service than a Place to resolve the disputes.
Online proceedings definitely have an upper hand on traditional proceedings due to the added advantage of filing documents online, hearing without physical appearance & remote proceedings and without experiencing the pain points of the physical/traditional proceedings.
Please refer to terms & conditions in the Fee Agreement. However, in case you have subscribed Dispute Resolution Platform or Private Digital Court, your subscription fee will be refunded.
Dispute resolution is the process of deciding a dispute or a conflict that has arisen between Disputants & ADR Practitioners. The decision can be arrived at either in an amicable manner or adversarial manner, either by the parties themselves or a neutral third party and where such dispute is resolved that is called Dispute Resolution Centre.
You need to apply by clicking the “Dispute Resolution Centre” button shown on the footer of the Homepage
Private Justice system is a privatization of civil justice to resolve disputes through ADR i.e. Arbitration, Conciliation, Mediation and Negotiation.
Public Justice System is a Judicial System where the disputes are resolved by the Judicial Officers/ Judges of the Courts
Alternative Dispute Resolution (ADR) is the procedure for settling disputes without litigation, such as arbitration, mediation, or negotiation. ADR procedures are usually less costly and more expeditious. They are increasingly being utilized in disputes that would otherwise result in litigation, including high-profile labor disputes, divorce actions, and personal injury claims. One of the primary reasons parties may prefer ADR proceedings is that, unlike adversarial litigation, ADR procedures are often collaborative and allow the parties to understand each other's positions. ADR also allows the parties to come up with more creative solutions that a court may not be legally allowed to impose.
ADR eliminates the uncertainties of presenting a case to a judge or jury. The parties involved design the method of dispute resolution, and choose the ground rules. This combination of flexibility and accommodation greatly speeds the process of resolving disputes.
Litigation is the process of taking a dispute to a court of law. If parties cannot agree between themselves about the fair and proper outcome of a dispute they will present, their respective cases to a court for its judgment. It is a broad term that describes a long and sometimes complex process.
ADR is an amicable process. The opinions and decisions of the parties are integral to the process of ADR. No judgment can be passed until and unless the parties agreed to it. Litigation establishes a win-lose situation where parties may not be satisfied with the outcome of the judgments all the time. ADR however, established a win-win situation because it is established by rounds of deliberations between the parties in order to settle their disputes. So, ADR is any day better and faster than litigation.
Yes, you may use this platform for Cross-Border or International Arbitration. The platform serves globally & compatible with all types of Procedural Rules.
Yes, International Arbitration Award has the same effect as of Domestic Arbitration Award in the countries who are signatories/parties to the Convention on Recognition and Enforcement of Foreign Arbitral Awards.
Yes, you can with the mutual agreement subject to Local Laws.
No, it depends on Local Laws of the Disputant Parties
The Convention on Recognition and Enforcement of Foreign Arbitral Awards was adopted by United Nations diplomatic conference on 10 June 1958 and entered into force on 7 June 1959. As of March 2021, the convention has 167 state parties. The aim of the Convention is to ensure the enforcement of foreign Arbitration awards worldwide.
The Convention on Recognition and Enforcement of Foreign Arbitral Awards provides a regime for the enforcement and recognition of arbitral awards within contracting states.
The Singapore Convention on Mediation, formally the United Nations Convention on International Settlement Agreements Resulting from Mediation which was adopted on 20 December 2018 and opened for signature on 7 August 2019, is an international agreement regarding the recognition of mediated settlements.
The Singapore Convention ultimately aims to facilitate international trade by rendering mediation an efficient and entrusted method for resolving disputes, alongside arbitration and litigation. Prior to the Singapore Convention, an international mediated settlement agreement lacked enforceability in and of itself.
In general terms, alternative dispute resolution (ADR) is likely to be both cheaper and quicker than recourse to the courts. Alternative dispute resolution procedures are also confidential, which means that they may be particularly useful in resolving disputes on matters which are themselves confidential - for example, because they involve industrial secrets or commercially-sensitive terms of trade.
It can be difficult to arrange for alternative dispute resolution (ADR) where one or more of the parties refuses to accept that there is a problem, or is reluctant to engage in negotiations. There may also be situations in which the parties are prepared to negotiate, but there is little or no prospect of a successful outcome. ADR is not an effective way of dealing with a situation where one party wants the other to stop immediately.
Yes. The neutral will set out what evidence should be prepared and when it should be sent to them and the other parties. This is likely to be at least a week in advance.
Yes, but you cannot compel witnesses to attend, as you could at a court hearing. You can also present witness statements, as part of your evidence.
That depends on the complexity of the issues and the stances adopted by the parties. It could take as little as half a day, but a full day is quite common and some may take longer. Generally, the longer the parties stretch, the longer they will take. The neutral may well set a realistic deadline, to assist the process.
You could settle those issues upon which agreement has been reached and continue the dispute in relation to the others. Alternatively, you may take the view that all issues should be decided in the same forum and therefore choose to continue the dispute in relation to all the issues.
Yes, all the experts empaneled by Jupitice on its platform are duly vetted & verified as per Jupitice Procedure in this regard.
Arbitration, a form of alternative dispute resolution (ADR), is a way to resolve disputes outside the judiciary courts. The dispute will be decided by one or more persons, which renders the 'arbitration award'. An arbitration decision or award is legally binding on both sides and enforceable in the courts, unless all parties stipulate that the arbitration process and decision are non-binding. Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions. In certain countries such as the United States, arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts and may include a waiver of the right to bring a class action claim. Mandatory consumer and employment arbitration should be distinguished from consensual arbitration, particularly commercial arbitration.
Litigation is a process followed in the courts which are under the administration of the state. It is a process which is manifested by the state to resolve the disputes between the parties. The judges are appointed by the state. While in arbitration the parties can consult an arbitration tribunal on their own.
While parties are not required to have an attorney to participate in arbitration, arbitration is a final, legally-binding process that may impact a party's rights. The arbitrator's final decision on the case is called the “award.” This is like a judge's or jury's decision in a court case.
Yes, the Arbitration Award can be challenged on grounds prescribed in the Jurisdictional Arbitration Law.
Arbitration can be voluntary (the parties agree to do it) or mandatory (required by law). Most contract arbitration occurs because the parties have included an arbitration clause requiring them to arbitrate any disputes "arising under or related to" the contract. If a provision like this isn't included in the contract, the parties can still arbitrate if they both agree to it post disputes.
Yes, the ability to start the Arbitration proceeding depends exclusively on mutual consent of the disputing parties even they do not have arbitration clause in their contract. You can sign an Agreement for Arbitration post dispute.
Arbitration agreement means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not.
Arbitration Clause means a pre-dispute Agreement contained in the Contract. While Arbitration Agreement is an Agreement between the Disputant parties after the dispute has arisen.
YES, Parties are free to determine the number of arbitrators, provided that such number shall not be an even number.
If one of the parties does not appoint an arbitrator within the prescribed period, or if two appointed arbitrators do not appoint third arbitrator within time limit, the party can request the appointing authority to appoint an arbitrator or go to the Jurisdictional Court.
Arbitral Tribunal means Sole Arbitrator or more than one such as three Arbitrators or five Arbitrators and not the even number of the arbitrators.
An Arbitral Institution or ADR Centre provides Administrative assistance in resolving the disputes by way of providing Case Administration Services, infrastructure Services, Panel of Arbitrators & other Value-Added Services
Conciliation is a voluntary proceeding, where the parties involved are free to agree and attempt to resolve their dispute by conciliation. The process is flexible, allowing parties to define the time, structure and content of the conciliation proceedings.
Conciliation is where disputant parties, with assistance from a dispute resolution practitioner (the conciliator) discuss issues to reach an agreement. On the other side Arbitration is where the disputant parties present arguments and evidence to a dispute resolution practitioner (the arbitrator) to make an award.
The conciliation process is voluntary as it is on the mutual discretion of the parties to choose conciliation as a method of resolving their dispute with the assistance of the conciliator; also the proposal is not binding upon the parties. They are free to follow or not follow the proposal given by the conciliator. It presides over litigation because the parties do not have to go through the technical procedures and formalities of litigation; instead, conciliation allows parties for a friendly search to reach an amicable solution.
As per Section 74 of the Arbitration & Conciliation Act, the Settlement Agreement shall have the same status and effect as if it is an Arbitral Award on agreed terms on the substance of the dispute rendered by an Arbitral Tribunal under Section 30.
A conciliation settlement can be challenged on the grounds prescribed in the applicable Law such as fraud, coercion, misrepresentation or improper execution.
No, conciliation clause is not mandatory in the contract but party may agree on written form for the conciliation proceedings by their mutual consent.
Conciliation agreements are the result of a third party helping parties resolve a dispute. A conciliator expresses opinions about the merits of the dispute but does not decide the conflicts for the parties. It is useful if one side has unworkable beliefs about the fight; a pro-active approach to the advantages may help resolve the disagreement.
There shall be one conciliator. But the parties may by their agreement provide for two or three conciliators. Where the number of conciliator is more than one, they should as general rule act jointly.
Disputing Parties can request the appointing authority to appoint the conciliator on their behalf.
In a mediation procedure, a neutral intermediary, the mediator, helps the parties to reach a mutually satisfactory settlement of their dispute.
Arbitration is more formal as compared to mediation. In mediation, the mediator generally sets out alternatives for the parties to reach out an agreement. Dispute resolution through conciliation involves the assistance of a neutral third party who plays an advisory role in reaching an agreement.
With litigation, you are never certain of your outcome until a judge or jury decides who is right and who is wrong. Mediation employs a neutral third party who does not judge the case but helps facilitate a discussion, limit the issues, and put them in perspective to resolve the dispute.
When a settlement is arrived at by mediation, it does not enjoy the status of a court decree, unlike an arbitral award that can be enforced; but when the same settlement arrived through Mediation is converted into a consent award, the settlement is deemed to be a decree.
Yes, Mediation settlement is not binding & enforceable and can be challenged on merits as well as other grounds.
Mediation can be used either through Mediation Clause in the Contract or by reaching Agreement post dispute
An agreement specifying the agreed terms between the parties over the course of mediation proceedings are penned down finally in a settlement agreement known as Mediation Agreement.
Normally, one Mediator is appointed. However, it all depends on Mediation Clause or Mediation Agreement.
Use of alternative dispute resolution can speed up settlement, which means less cost, time and stress than would be involved in taking matters to court. Moreover, the parties make the decisions and do not have to hand over control to a judge or arbitrator. When successful, Mediation can produce results which, overall, are more satisfactory to the parties than those that could have been achieved through the courts.
Yes. Settlement is voluntary, so you cannot be certain of getting a result. To obtain a result from mediation, the parties will have to agree to resolve the matter. There is no outside party imposing a solution, and there is a risk of the process being exploited by a cynical opponent.
Another potential disadvantage is that, although recourse to alternative dispute resolution (ADR) is likely to take less time than recourse to the courts, it will not stop the clock running where there is a limit on the amount of time within which a legal claim can be made.
Not necessarily. However, it might be helpful - depending on the kind of lawyers you use - particularly if the issues involved are complex or emotive. If your lawyers are of the kind that focus tenaciously on maintaining your strict legal 'rights', you should perhaps leave them out of the mediation process. If they focus on your wider interests, they will probably be useful.
Yes, as both the party’s consent is essential to get into a valid settlement.
It can vary in detail, but in broad terms:
  • prior to mediation the parties will exchange case summaries and supporting documents with one another, and provide copies to the mediator
  • the mediator will introduce themselves to the parties, probably by phone, and ask that they ensure they are represented by someone with authority to settle
  • the mediation itself will start with a joint meeting, at which the ground rules will be set out, and each party may make an opening statement outlining the key issues.
  • there will then be private meetings, in confidence, with the mediator trying to establish what each party would value, and what they really think of the strengths and weaknesses of their case
  • the mediator will go to-and-fro between the parties, revealing no more than they have been authorized to do, but endeavoring to bring the parties gradually closer together
  • there may be another joint meeting, to establish how far the parties have moved
  • given success, the mediator will then put forward the agreed solution
  • the agreement will be drawn up and once it has been signed, it is binding.
Mediation is a process in which a neutral third party helps the parties to reach a resolution of their dispute, or to narrow the differences between them.
Arbitration is a process in which an arbitrator hears evidence from the parties and makes an award which can be binding and enforced by a court.
Yes, if you have Agreement in this regard.
Assisted negotiation means the use of the Services of the professionals & experienced Negotiators. It is always advantageous to use such services, as it helps in engaging in fruitful discussion, identifying and assessing possible solutions, as well as writing agreements. It increases the chances of dispute resolution.
Assisted negotiation helps in resolving the disputes successfully & faster as professional Negotiators leverages their expertise & experience.
JUPITICE provides its platform to run a negotiation process between two or more parties aiming amicable resolution of the conflict by way of fruitful dialogue. JUPITICE also provides JUPITICE NEGOTIATION RULES to offer guidance of the procedure to its end users.
No, Negotiation process simply requires the parties of interest to join the procedure and resolve their dispute by discussions and dialogue without the help of any facilitator.
No, you don’t need a lawyer to represent you for Negotiation, but you can take the help of personal assistants to assist you in the process.
ODR means Online Dispute Resolution Services.
ODR is different from Arbitration or Conciliation or Mediation in a way that it provides online medium to conduct these proceedings unlike standard orthodox medium.
Section 10-A & Section 11 - 15 of the Information Act 2008 read with Section 65-A & 65-B of Indian Evidence Act 1872 and Provisions of the Arbitration & Conciliation Act 1996 read with various Supreme Court Judgments make the Online Arbitration Awards, Conciliation Settlements, the Online Arbitration, Online Conciliation etc. legally valid.
UNCITRAL finalized and adopted the Technical Notes on Online Dispute Resolution at its forty-ninth session in 2016. The Technical Notes on Online Dispute Resolution are non-binding, and take the form of a descriptive document, reflecting elements of an online dispute resolution process.
  • The Rules shall apply to business-to business disputes (B2B) where the parties to a sales or service contract have agreed that disputes relating to that transaction shall be resolved under these Rules, so long as the dispute falls within the scope of the Rules. The rules do not cover consumer transactions.
  • These Rules shall govern the ODR proceedings subject to such modifications as the parties may agree, except that where any of these Rules is in conflict with a provision of the law applicable to the ODR proceedings from which the parties cannot derogate, that provision shall prevail.
This Regulation shall apply to the out-of-court resolution of disputes concerning contractual obligations stemming from online sales or service contracts between a consumer resident in the Union and a trader established in the Union through the intervention of an ADR entity listed in accordance with Article 20(2) of Directive 2013/11/EU and which involves the use of the ODR platform.

Not yet, but NITI Aayog, in association with Agami and Omidyar Network India, brought together key stakeholders in a meeting for advancing Online Dispute Resolution(ODR) in India.

The purpose of the meeting was to explore Online Dispute Resolution to contain and resolve disputes, particularly small and medium value disputes, before they enter formal court processes as a way to enhance access to justice and ease of doing business, by seeing dispute resolution as being one of the key facets to revival of the economy post the pandemic crisis. This document outlines the key excerpts from the talks made by the participants and discussions amongst them.

ODR is the resolution of disputes, particularly small- and medium-value cases, using digital technology and techniques of alternate dispute resolution (ADR), such as negotiation, mediation, and arbitration. While courts are becoming digitized through the efforts of the judiciary, more effective, scalable, and collaborative mechanisms of containment and resolution are urgently needed. ODR can help resolve disputes efficiently and affordably.
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