Negotiation Procedural Rules
1.1 These Rules apply to the negotiation of present or future disputes where the parties seek amicable settlement of such disputes through negotiation and they have agreed that these Rules shall apply.
1.2 The parties may agree to vary these Rules at any time. However, that JUPITICE ADMINISTRATOR may decide not to administer the Proceedings if, in its discretion, it considers that any such modification is not in the spirit of the Rules.
1.3 By agreeing to these rules, Parties agree that Jupitice Administrator will administer the negotiation and the negotiation proceeding shall be performed on JUPITICE PLATFORM.
1.4 The term “negotiation” as used in the Rules shall be deemed to cover such settlement procedure or procedures and Parties who engage in negotiation meet in good faith to discuss their dispute with the goal of coming to a mutually agreeable resolution. Negotiation can take place with or without a lawyer. Whatever settlement procedure is used, the term “Proceedings” as used in the Rules refers to the process beginning with its commencement and ending with its termination pursuant to the Rules.
2.1 Communication’ means any communication (including a statement, declaration, demand, notice, response, submission, notification, request and any other action(s) relating to negotiation) made by means of information generated, sent, received or stored by electronic, magnetic, optical or similar means via UPITICE PLATFORM.
2.2 All communications in the course of negotiation proceedings shall be communicated to JUPITICE ADMINISTRATOR via the JUPITICE PLATFORM.
2.3 All the parties to the dispute shall have a designated “Electronic Address”.
2.4 A communication shall be deemed to have been received when, following communication to JUPITICE ADMINISTRATOR.
2.5 JUPITICE ADMINISTRATOR shall promptly notify all parties the commencement of negotiation proceedings.
3.1 Where there is an agreement between the parties to refer their dispute to the Rules, any party or parties wishing to commence negotiation pursuant to the Rules shall file online Request for negotiation (the “Request”) to the JUPITICE. The Request shall include:
- Name of the parties with their contact details and name and contact details of any person(s) representing the disputing parties in the Proceedings;
- a description of the dispute including, if possible, an assessment of its value;
- any agreement as to time limits for conducting the negotiation or, in the absence thereof, any proposal with respect thereto;
- any agreement as to the language(s) of the negotiation or, in the absence thereof, any proposal as to such language(s);
- copy of any written agreement under which the Request is made.
3.2 Together with the Request, the party or parties filing the Request shall pay the filing fee as set forth in the Appendix on the date the Request is filed.
3.3 JUPITICE ADMINISTRATOR shall promptly notify all other parties of the availability of such communication at the JUPITICE PLATFORM. Unless the Request has been filed jointly by all parties.
3.4 JUPITICE ADMINISTRATOR shall acknowledge receipt of the Request and of the filing fee in writing to the parties.
3.5 Where there is an agreement to refer to the Rules, the date on which the Request is received by JUPITICE ADMINISTRATOR shall, for all purposes, be deemed to be the date of the commencement of the Proceedings.
3.6 Where the parties have agreed that a time limit for settling the dispute pursuant to the Rules shall start running from the filing of a Request, such filing, for the exclusive purpose of determining the starting point of the time limit, shall be deemed to have been made on the date JUPITICE ADMINISTRATOR acknowledges receipt of the Request or of the filing fee, whichever is later.
4.1 The absence of an agreement of the parties to refer their dispute to the Rules, any party that wishes to propose referring the dispute to the Rules to another party may do so by sending an online Request to JUPITICE containing the information specified in Article 3.1, subparagraphs (a-e). Upon receipt of such Request, Jupitice Administrator will inform all other parties of the proposal and may assist the parties in considering the proposal.
4.2 Together with the Request, the party or parties filing the Request shall pay the filing fee as set forth in Appendix hereto on the date the Request is filed.
4.3 Where the parties reach an agreement to refer their dispute to the Rules, the Proceedings shall commence on the date on which JUPITICE ADMINISTRATOR notifies the parties that such an agreement has been reached.
4.4 Where the parties do not reach an agreement to refer their dispute to the Rules within 14 days from the date of the receipt of the Request by JUPITICE ADMINISTRATOR or within such additional time as may be reasonably determined by JUPITICE ADMINISTRATOR, the Proceedings shall not commence.
4.5 The party or parties who receive a request for negotiation shall notify JUPITICE ADMINISTRATOR within 14 days after receipt of the request fails to reply within 14 days shall be treated as a refusal to negotiate.
In the absence of an agreement of the parties, JUPITICE ADMINISTRATOR may determine the language(s) in which the negotiation shall be conducted.
The Parties to dispute will fix the date, time and the mode of each Negotiation session. The Negotiation will be held online at the JUPITICE PLATFORM.
Any party may be represented by persons of the party’s choice. Representation by counsel is not required. Parties other than natural persons are expected to have present throughout the negotiation, an officer, partner or other employee authorized to make decisions concerning the resolution of the dispute.
8.1 The party or parties filing a Request shall include with the Request the non-refundable filing fee as set forth in Appendix hereto. No Request shall be processed unless accompanied by the filing fee.
8.2 Following the receipt of a Request, JUPITICE ADMINISTRATOR may request that the Party/Parties to deposit the requested fee to cover the administrative expenses of JUPITICE PLATFORM.
8.3 Following the commencement of the Proceedings, JUPITICE ADMINISTRATOR shall request the parties to pay one or more deposits to cover the administrative expenses of JUPITICE PLATFORM.
8.4 JUPITICE ADMINISTRATOR may stay or terminate the Proceedings under the Rules if any requested deposit is not paid.
8.5 Upon termination of the Proceedings, JUPITICE ADMINISTRATOR shall fix the total costs of the Proceedings and shall, as the case may be, reimburse to the parties any excess payment or bill or any balance required pursuant to the Rules.
8.6 With respect to Proceedings that have commenced under the Rules, all deposits requested and costs fixed shall be borne in equal shares by the parties, unless they agree otherwise in writing. However, any party shall be free to pay the unpaid balance of such deposits and costs if another party fails to pay its share.
8.7 A party’s other expenditure shall remain the responsibility of that party, unless otherwise agreed by the parties.
9.1 The parties shall promptly discuss the manner in which the negotiation shall be conducted.
9.2 After such discussion, the parties shall promptly communicate to JUPITICE ADMINISTRATOR a written note for notification to all the parties, informing them of the manner in which the negotiation shall be conducted.
9.3 Each party shall act in good faith throughout the Negotiation.
Proceedings which have been commenced pursuant to the Rules shall terminate upon written confirmation of termination by JUPITICE ADMINISTRATOR to the parties after the occurrence of the earliest of:
- the signing by the parties of a settlement agreement;
- the notification in writing made to the JUPITICE ADMINISTRATOR by any party;
- the notification in writing by the JUPITICE ADMINISTRATOR to the parties that the negotiation has been completed;
- the notification in writing by JUPITICE ADMINISTRATOR to the parties that any time limit set for the Proceedings, including any extension thereof, has expired;
- the notification in writing by JUPITICE ADMINISTRATOR to the parties, not less than seven days after the due date for any payment by one or more parties pursuant to the Rules, that such payment has not been made; or
13.1 Any settlement agreement reached in the course of negotiation shall be acknowledge by both the parties or on behalf of the parties
13.2 A settlement agreement may take the form of an electronic record, and be signed by electronic signature and submit to the JUPITICE PLATFORM.
13.3 Where any settlement agreement has been reached, the parties shall promptly notify JUPITICE ADMINISTRATOR of the same.
14.1 In the absence of any agreement of the parties to the contrary and unless prohibited by applicable law:
- the Proceedings, but not the fact that they are taking place, have taken place or will take place, are private and confidential;
- any settlement agreement between the parties shall be kept confidential, except that a party shall have the right to disclose it to the extent that such disclosure is required by applicable law or necessary for purposes of its implementation or enforcement.
14.2 Unless required to do so by applicable law and in the absence of any agreement of the parties to the contrary, a party shall not in any manner produce as evidence in any judicial, arbitral or similar proceedings:
- any documents, statements or communications which are submitted by another party or for the Proceedings, unless they can be obtained independently by the party seeking to produce them in the judicial, arbitral or similar proceedings;
- any views expressed or suggestions made by any party within the Proceedings with regard to the dispute or the possible settlement of the dispute;
- any admissions made by another party within the Proceedings;
- any views or proposals put forward by the party within the Proceedings; or
- the fact that any party indicated within the Proceedings that it was ready to accept a proposal for a settlement.
14.4 No persons other than the parties, their representatives, their advisors, may attend the negotiation, save with the permission of the parties.
14.4 There shall be no transcript or formal record of the negotiation, save for that which may be necessary to record any settlement agreement.
15.1 Unless all of the parties have agreed otherwise in writing or unless prohibited by applicable law, the parties may commence or continue any judicial, arbitral or similar proceedings in respect of the dispute, notwithstanding the Proceedings under the Rules.
15.2 Unless required by applicable law or unless all of the parties agree otherwise in writing, the any party shall not give testimony in any judicial, arbitral or similar proceedings concerning any aspect of the Proceedings under the Rules.
Appendix – Fees & Costs
1. Filing Fee
2. Administrative Expenses