Mediation
In the event of any dispute arising out of or in connection with the present contract, the parties shall refer the dispute to Mediation (also referred to as conciliation) under Bharat Solve ’s Rules of Mediation, which Rules are deemed to be incorporated by reference into this clause. The commencement or pendency of Mediation under Bharat Solve ’s Rules of Mediation will not prevent any party from seeking interim relief or reliefs for the purpose of preserving their rights. If the dispute has not been settled through Mediation under Bharat Solve ’s Mediation Rules within __________ days following the commencement of Mediation or within such further period as the parties may agree in writing, such dispute shall thereafter be finally resolved through _________.
Arbitration
In the event of any dispute arising out of or in connection with the present contract, the parties shall refer the dispute to Mediation (also referred to as conciliation) under Bharat Solve ’s Rules of Mediation, which Rules are deemed to be incorporated by reference into this clause.
The commencement or pendency of Mediation under Bharat Solve ’s Rules of Mediation will not prevent any party from seeking interim relief or reliefs for the purpose of preserving their rights.
If the dispute has not been settled through Mediation under Bharat Solve ’s Mediation Rules within __________ days following the commencement of Mediation or within such further period as the parties may agree in writing, such dispute shall thereafter be finally resolved through _________.
During the pendency of Arbitral proceedings, parties may seek interim relief or Emergency Measures under the Emergency Arbitrator Provisions in accordance with Bharat Solve ’s Rules of Arbitration.
[**Where the parties agree to more than one arbitrator, the above number should be changed to three. The Arbitral Tribunal in these cases will consist of one arbitrator nominated by each of the parties whereas the third presiding arbitrator is jointly nominated by them.]
Med-Arb
In the event of any dispute arising out of or in connection with the present contract, the parties shall at first instance refer the dispute to Mediation (also referred to as Conciliation) under Bharat Solve ’s Rules of Mediation. If the dispute is not settled pursuant to the said Rules within 45 days following the filing of a Request for Mediation or within such further period as the parties may agree in writing, such dispute shall thereafter be referred to arbitration and finally resolved under Bharat Solve ’s Rules of Arbitration.
The Tribunal shall consist of one arbitrator appointed in accordance with the said Rules.
The seat of Arbitration shall be _______________, India.
The language of Arbitration shall be English.
During the pendency of Med-Arb proceedings, parties may seek interim relief or Emergency Measures under the Emergency Arbitrator Provisions in accordance with Bharat Solve ’s Rules of Arbitration.
[**Where the parties agree to more than one arbitrator, the above number should be changed to three. The Arbitral Tribunal in these cases will consist of one arbitrator nominated by each of the parties whereas the third presiding arbitrator is jointly nominated by them.]
The commencement or pendency of Mediation under Bharat Solve ’s Rules of Mediation will not prevent any party from seeking interim relief or reliefs for the purpose of preserving their rights.
If the dispute has not been settled through Mediation under Bharat Solve ’s Mediation Rules within __________ days following the commencement of Mediation or within such further period as the parties may agree in writing, such dispute shall thereafter be finally resolved through _________.
[**Where the parties agree to more than one arbitrator, the above number should be changed to three. The Arbitral Tribunal in these cases will consist of one arbitrator nominated by each of the parties whereas the third presiding arbitrator is jointly nominated by them.
Arb-Med-Arb
Arb-Med-Arb protocol is a process where a dispute is first referred to arbitration before mediation is attempted, all in accordance with Bharat Solve ’s rules of Arbitration and Mediation . If parties are able to settle their dispute through mediation, their mediated settlement may be recorded as an award on agreed terms. The consent award is generally accepted as an arbitral award, and, subject to any local legislation and/or requirements, is generally enforceable in approximately 150 countries under the New York Convention. If parties are unable to settle their dispute through mediation, they may continue with the arbitration proceedings.
The commencement or pendency of Mediation under Bharat Solve ’s Rules of Mediation will not prevent any party from seeking interim relief or reliefs for the purpose of preserving their rights.
If the dispute has not been settled through Mediation under Bharat Solve ’s Mediation Rules within __________ days following the commencement of Mediation or within such further period as the parties may agree in writing, such dispute shall thereafter be finally resolved through _________.
During the pendency of Arbitral proceedings, parties may seek interim relief or Emergency Measures under the Emergency Arbitrator Provisions in accordance with Bharat Solve ’s Rules of Arbitration.
[**Where the parties agree to more than one arbitrator, the above number should be changed to three. The Arbitral Tribunal in these cases will consist of one arbitrator nominated by each of the parties whereas the third presiding arbitrator is jointly nominated by them.]
Model clause for Arb-Med-Arb
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 at first instance refer the same for arbitration to be finally resolved under the administration of Bharat Solve in accordance with Bharat Solve ’s Rules of Arbitration for the time being in force.
The Tribunal shall consist of one arbitrator appointed in accordance with the said Rules.
The seat of Arbitration shall be ___________________.
The language of the arbitration proceedings shall be English.
The parties further agree that following the commencement of arbitration, they will attempt in good faith to resolve the Dispute through mediation at Bharat Solve , in accordance with Bharat Solve ’s Arb-Med-Arb Protocol for the time being in force. Any settlement arrived in respect of some or all their disputes in the course of mediation shall be referred to the arbitral tribunal appointed by Bharat Solve and may be recorded as an arbitration award (interim or final, as the case may be) on agreed terms.
**Where the parties agree to more than one arbitrator, the above number should be changed to three. The Arbitral Tribunal in these cases will consist of one arbitrator nominated by each of the parties whereas the third presiding arbitrator is jointly nominated by them.
The Tribunal shall consist of one arbitrator appointed in accordance with the said Rules.
The seat of Arbitration shall be _______________, India.
The language of Arbitration shall be English.
During the pendency of Med-Arb proceedings, parties may seek interim relief or Emergency Measures under the Emergency Arbitrator Provisions in accordance with Bharat Solve ’s Rules of Arbitration.
[**Where the parties agree to more than one arbitrator, the above number should be changed to three. The Arbitral Tribunal in these cases will consist of one arbitrator nominated by each of the parties whereas the third presiding arbitrator is jointly nominated by them.]
The commencement or pendency of Mediation under Bharat Solve ’s Rules of Mediation will not prevent any party from seeking interim relief or reliefs for the purpose of preserving their rights.
If the dispute has not been settled through Mediation under Bharat Solve ’s Mediation Rules within __________ days following the commencement of Mediation or within such further period as the parties may agree in writing, such dispute shall thereafter be finally resolved through _________.
[**Where the parties agree to more than one arbitrator, the above number should be changed to three. The Arbitral Tribunal in these cases will consist of one arbitrator nominated by each of the parties whereas the third presiding arbitrator is jointly nominated by them.
Parties to an existing dispute, in which neither an arbitration clause nor a previous agreement with respect to arbitration exists, who wish to refer such dispute to arbitration under Bharat Solve ’s Arbitration Rules, may agree to do so in the following terms:
We the undersigned parties agree to refer to arbitration administered by Bharat Solve under Bharat Solve ’s Rules of Arbitration a dispute having arisen concerning ____________
(Brief description of contract under which disputes, controversies, differences or claims have arisen)
The seat of arbitration shall be _________,India
** The number of arbitrators shall be _______ (one or three).
The arbitration proceedings shall be conducted in English.
Signed: _________________ (Claimant)
Signed: _________________ (Respondent)
Date: ___________________ ”
The commencement or pendency of Mediation under Bharat Solve ’s Rules of Mediation will not prevent any party from seeking interim relief or reliefs for the purpose of preserving their rights.
If the dispute has not been settled through Mediation under Bharat Solve ’s Mediation Rules within __________ days following the commencement of Mediation or within such further period as the parties may agree in writing, such dispute shall thereafter be finally resolved through _________.
During the pendency of Arbitral proceedings, parties may seek interim relief or Emergency Measures under the Emergency Arbitrator Provisions in accordance with Bharat Solve ’s Rules of Arbitration.
[**Where the parties agree to more than one arbitrator, the above number should be changed to three. The Arbitral Tribunal in these cases will consist of one arbitrator nominated by each of the parties whereas the third presiding arbitrator is jointly nominated by them.]